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