HBA-NIK S.B. 400 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 400 By: Shapiro Public Safety 4/21/1999 Engrossed BACKGROUND AND PURPOSE Currently, sex offender registration law states that an out-of-state conviction is reportable for the purposes of sex offender registration but gives no mention of out-of-state adjudications. The 75th Legislature made sex offender registration retroactive to September 1, 1970, with juveniles under the supervision of the Texas Youth Commission (commission) excluded. S.B. 400 requires the registration of juvenile sex offenders transferred to Texas from out-of-state, permits the disclosure of juvenile sex offender records for registration purposes, and extends sex offender registration laws to current commission parolees who were adjudicated after September 1, 1970. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subdivision (5), Article 62.01, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, as follows: (5)(J) Provides that a "reportable conviction or adjudication" includes a conviction or adjudication that is an adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of certain sexual offenses listed in this Subdivision. (K) Redesignated from Paragraph (J). Makes a conforming change. (L) Provides that a "reportable conviction or adjudication" also includes a conviction or adjudication that is the second adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure. SECTION 2. Amends Subsection (d), Article 62.03, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to add text requiring the Texas Youth Commission (commission), a vendor operating under contract with the commission, a local juvenile probation department, or juvenile facility to conduct the prerelease notification and registration requirements specified in this article on the date a person is placed under the supervision of any of the aforementioned entities, if the person who has a reportable adjudication of delinquent conduct described by Article 62.01(5)(J) or (L) is, as permitted by Section 60.002 (Execution of Interstate Compact), Family Code, placed under their supervision. Makes a conforming change. SECTION 3. Amends Subsection (a), Section 58.007, Family Code, to include that this section does not apply to a record or file relating to a child that is subject to disclosure under Chapter 62 (Missing Children and Missing Persons), Code of Criminal Procedure. Makes a nonsubstantive change. SECTION 4. Amends Subsection (a), Section 11, Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to specify the date of the application of the change in law to be on or after September 1, 1997, rather than the effective date of this Act. Includes the commission among the entities controlling a defendant to whom this Act, as amended, is applicable. SECTION 5. (a) Provides that Sections 1 and 2 of this Act apply to juvenile offenders adjudicated as having engaged in delinquent conduct before, on, or after the effective date of this Act, regardless of when the conduct occurred. (b) Provides that Section 3 of this Act applies only to records and files created or maintained under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, on or after September 1, 1995. SECTION 6. Amends Subdivision (3), Article 62.01, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to redefine "penal institution" to include a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department. SECTION 7. Emergency clause. Effective date: upon passage.