HBA-MPM C.S.S.B. 1380 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1380 By: Armbrister Public Safety 4/25/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, inmates of a penal institution and juveniles committed to the Texas Youth Commission who are convicted of certain offenses are required to submit a blood sample or other specimen for the purposes of creating a DNA record if so ordered by the court. Sex offenders are also subject to a series of registration requirements that include publishing notification of their release or a change of address in a newspaper. Texas has agreements with other states that have sex offender registration programs in order to register sex offenders convicted in other states who choose to reside in Texas. Current law does not extend this provision to cover those persons required to register under federal or military law. Additionally, only an owner of a single-family residential property or the owner's agent does not have a duty to disclose to a prospective buyer or tenant that registered sex offenders reside nearby. This provision is not currently extended to a builder, seller, or lessor of a single-family residential property. Finally, Texas statutes do not completely conform to the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act pertaining to the lifelong registration of certain sexual offenders. C.S.H.B. 1380 expands DNA collection to those sex offenders subject to release and extends the sex offender registration program to those required to register under federal or military law, extends the nondisclosure provision to builders, sellers, and lessors, and conforms lifelong registration provisions to federal law. 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. ANALYSIS C.S.S.B. 1380 amends the Code of Criminal Procedure to require a defendant as a condition of community supervision to register under the sex offender registration program and submit a blood sample or other specimen to the Department of Public Safety (DPS) for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the sample or specimen under other state law (Art. 42.12). The bill amends the Family Code to require a court to require a child who is placed on probation because of a sexual offense to register under the sex offender registration program as a condition of that probation and submit a blood sample or other specimen to DPS, unless such a sample or specimen has already been submitted under other state law (Sec. 54.0405). The bill amends the Government Code to require a parole panel as a condition of parole or mandatory supervision to require a releasee required to register as a sex offender to submit a blood sample or other specimen to DPS, unless the releasee has already submitted such a sample or specimen under other state law (Sec. 508.186). The bill amends the Human Resources Code to require the Texas Youth Commission to require a juvenile sex offender as a condition of release under supervision to register under the sex offender registration program and submit a blood sample or other specimen to DPS, unless the child has already submitted the sample or specimen under other state law (Sec. 61.0813). The bill amends the Code of Criminal Procedure to provide that DPS is responsible for determining for the purpose of the sex offender registration program whether an offense under other state or federal law or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under Texas state law and requires an appeal of a determination to be brought in a Travis County district court (Art. 62.0101). If a person who committed a sexual offense against a minor is subject to newspaper publication requirements under provisions governing prerelease notification or the person's change of address and the person is not under community supervision, parole, or mandatory supervision, the local law enforcement authority obtaining publication of notice regarding the person is required to collect from the person the amount equal to the cost of publishing the notice (Arts. 62.03 and 62.04). The bill expands provisions regarding out-of-state registrants to include persons required to register under federal law or the Uniform Code of Military Justice (Art. 62.01). The bill provides that an owner, builder, seller, or lessor of a single-family residential real property or any improvement to residential real property or that person's broker, salesperson, or other agent or representative in a residential real estate transaction does not have a duty to make a disclosure to a prospective buyer or lessee about a person subject to sex offender registration because the person has been released from a penal institution, has been placed on community supervision or juvenile probation, or intends to move to a new residence in this state. The bill provides that this provision is the controlling statute to the extent there is any conflict between these provisions and other law imposing a duty to disclose information about registered sex offenders (Art. 62.045). The bill specifies that for purposes of provisions governing law enforcement verification of registration information, a person receives multiple convictions or orders of deferred adjudication regardless of whether the judgments or orders are entered on different dates or the offenses for which the person was convicted or placed on deferred adjudication arose out of different criminal transactions (Art. 62.06). C.S.S.B. 1380 provides that duties imposed on a person required to register in the sex offender registration program are terminated only when the conviction is set aside on appeal or the person is pardoned, and not while the pardon or appeal is pending (Art. 62.11). The bill provides that a person's duty to register as a sex offender ends when the person dies (Art. 62.12). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1380 differs from the original bill by requiring a defendant, releasee, or child as a condition of community supervision, parole, probation, or mandatory supervision to submit to the Department of Public Safety (DPS) a blood sample or other specimen as required by the court, parole panel, or the Texas Youth Commission, as applicable, for purposes of creating a DNA record of the defendant, unless the person has already submitted the sample or specimen to DPS (Art. 42.12, Code of Criminal Procedure; Sec. 54.0405, Family Code; Sec. 508.186, Government Code; and Sec. 61.0813, Human Resources Code). The substitute provides that DPS is responsible for determining for the purpose of the sex offender registration program whether an offense under other state or federal law or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under Texas state law and requires an appeal of a determination to be brought in a Travis County district court (Art. 62.0101). The substitute provides that a person subject to newspaper publication requirements who is not under community supervision, parole, or mandatory supervision is responsible for the cost of publishing the notice (Arts. 62.03 and 62.04, Code of Criminal Procedure). The substitute specifies that for purposes of provisions governing law enforcement verification of registration information, a person receives multiple convictions or orders of deferred adjudication regardless of whether the judgments or orders are entered on different dates or the offenses for which the person was convicted or placed on deferred adjudication arose out of different criminal transactions (Art. 62.06, Code of Criminal Procedure). The substitute adds persons required to register as a sex offender under federal or military law to provisions regarding out-of-state registrants (Art. 62.021, Code of Criminal Procedure). The substitute provides that a person who receives a pardon or whose conviction is set aside on appeal is not required to register under the sex offender registration program (Art. 62.11, Code of Criminal Procedure).