Bill Text: TX HB1302 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the imposition of a sentence of life without parole on certain repeat sex offenders and to certain restrictions on employment for certain sex offenders.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1302 Detail]

Download: Texas-2013-HB1302-Enrolled.html

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H.B. No. 1302

AN ACT
relating to the imposition of a sentence of life without parole on
certain repeat sex offenders and to certain restrictions on
employment for certain sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Justin's Law.
SECTION 2. Article 42.015, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.015. FINDING OF AGE OF VICTIM. (a) In the trial of
an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an
attempt, conspiracy, or solicitation to commit one of those
offenses, the judge shall make an affirmative finding of fact and
enter the affirmative finding in the judgment in the case if the
judge determines that the victim or intended victim was younger
than 17 years of age at the time of the offense.
(b) In the trial of a sexually violent offense, as defined
by Article 62.001, the judge shall make an affirmative finding of
fact and enter the affirmative finding in the judgment in the case
if the judge determines that the victim or intended victim was
younger than 14 years of age at the time of the offense.
SECTION 3. Section 5(e), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(e)(1) If a judge places on community supervision under this
section a defendant charged with an offense under Section 20.02,
20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
solicitation to commit one of those offenses, the judge shall make
an affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that the victim or intended victim was younger than 17
years of age at the time of the offense.
(2) If a judge places on community supervision under
this section a defendant charged with a sexually violent offense,
as defined by Article 62.001, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding
with the papers in the case if the judge determines that the victim
or intended victim was younger than 14 years of age at the time of
the offense.
SECTION 4. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department [Youth Commission] shall determine the person's
level of risk to the community using the sex offender screening tool
developed or selected under Article 62.007 and assign to the person
a numeric risk level of one, two, or three. Before releasing the
person, an official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person; [and]
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057; and
(G) certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age occurring on or after September 1,
2013;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
SECTION 5. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A local law enforcement authority that provides to a
person subject to the prohibitions described by Article 62.063 a
registration form for verification as required by this chapter
shall include with the form a statement summarizing the types of
employment that are prohibited for that person.
SECTION 6. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.063 to read as follows:
Art. 62.063. PROHIBITED EMPLOYMENT. (a) In this article:
(1) "Amusement ride" has the meaning assigned by
Section 2151.002, Occupations Code.
(2) "Bus" has the meaning assigned by Section 541.201,
Transportation Code.
(b) A person subject to registration under this chapter
because of a reportable conviction or adjudication for which an
affirmative finding is entered under Article 42.015(b) or Section
5(e)(2), Article 42.12, as appropriate, may not, for compensation:
(1) operate or offer to operate a bus;
(2) provide or offer to provide a passenger taxicab or
limousine transportation service;
(3) provide or offer to provide any type of service in
the residence of another person unless the provision of service
will be supervised; or
(4) operate or offer to operate any amusement ride.
SECTION 7. Sections 12.42(b) and (d), Penal Code, as
amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the
82nd Legislature, Regular Session, 2011, are reenacted to read as
follows:
(b) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony of the second degree that the
defendant has previously been finally convicted of a felony other
than a state jail felony punishable under Section 12.35(a), on
conviction the defendant shall be punished for a felony of the first
degree.
(d) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two felony offenses, and the
second previous felony conviction is for an offense that occurred
subsequent to the first previous conviction having become final, on
conviction the defendant shall be punished by imprisonment in the
Texas Department of Criminal Justice for life, or for any term of
not more than 99 years or less than 25 years. A previous conviction
for a state jail felony punishable under Section 12.35(a) may not be
used for enhancement purposes under this subsection.
SECTION 8. Section 12.42(c)(4), Penal Code, as amended by
Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
(4) Notwithstanding Subdivision (1) or (2), and except
as provided by Subdivision (3) for the trial of an offense under
Section 22.021 as described by that subdivision, a defendant shall
be punished by imprisonment in the Texas Department of Criminal
Justice for life without parole if it is shown on the trial of an
offense under Section 20A.03 or of a sexually violent offense,
committed by the defendant on or after the defendant's 18th
birthday,
[21.02 or 22.021] that the defendant has previously been
finally convicted of:
(A) an offense under Section 20A.03 or of a
sexually violent offense [21.02 or 22.021]; or
(B) an offense that was committed under the laws
of another state and that contains elements that are substantially
similar to the elements of an offense under Section 20A.03 or of a
sexually violent offense [21.02 or 22.021].
SECTION 9. Section 12.42, Penal Code, is amended by adding
Subsection (h) to read as follows:
(h) In this section, "sexually violent offense" means an
offense:
(1) described by Article 62.001(6), Code of Criminal
Procedure; and
(2) for which an affirmative finding has been entered
under Article 42.015(b) or Section 5(e)(2), Article 42.12, Code of
Criminal Procedure, for an offense other than an offense under
Section 21.02 or 22.021.
SECTION 10. (a)(1) The change in law made by this Act in
adding Article 62.063, Code of Criminal Procedure, applies only to
a person who is required to register under Chapter 62, Code of
Criminal Procedure, on the basis of a conviction or adjudication
for an offense described by that article and for which an
affirmative finding under Article 42.015(b) or Section 5(e)(2),
Article 42.12, Code of Criminal Procedure, as added by this Act, is
made on or after the effective date of this Act.
(2) Article 42.015(b), Code of Criminal Procedure, and
Section 5(e)(2), Code of Criminal Procedure, as added by this Act,
apply, as appropriate, only to a trial commenced on or after the
effective date of this Act or an order of deferred adjudication
entered on or after the effective date of this Act.
(3) A person who is required to register under Chapter
62, Code of Criminal Procedure, solely on the basis of a conviction
or adjudication that occurs before the effective date of this Act is
governed by the law in effect when the conviction or adjudication
occurred, and the former law is continued in effect for that
purpose.
(b) The change in law made by this Act in amending Section
12.42, Penal Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1302 was passed by the House on May 7,
2013, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1302 on May 23, 2013, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1302 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor