Bill Text: TX SB1433 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring registration as a sex offender of certain defendants convicted of the offense of continuous trafficking of persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Criminal Justice [SB1433 Detail]
Download: Texas-2017-SB1433-Introduced.html
85R2693 LHC-D | ||
By: Uresti | S.B. No. 1433 |
|
||
|
||
relating to requiring registration as a sex offender of certain | ||
defendants convicted of the offense of continuous trafficking of | ||
persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 62.001(5), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(5) "Reportable conviction or adjudication" means a | ||
conviction or adjudication, including an adjudication of | ||
delinquent conduct or a deferred adjudication, that, regardless of | ||
the pendency of an appeal, is a conviction for or an adjudication | ||
for or based on: | ||
(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11 (Indecency with a | ||
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual | ||
assault), or 25.02 (Prohibited sexual conduct), Penal Code; | ||
(B) a violation of Section 43.05 (Compelling | ||
prostitution), 43.25 (Sexual performance by a child), or 43.26 | ||
(Possession or promotion of child pornography), Penal Code; | ||
(B-1) a violation of Section 43.02 | ||
(Prostitution), Penal Code, if the offense is punishable under | ||
Subsection (c)(3) of that section; | ||
(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) a violation of Section 20.02 (Unlawful | ||
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), | ||
Penal Code, if, as applicable: | ||
(i) the judgment in the case contains an | ||
affirmative finding under Article 42.015; or | ||
(ii) the order in the hearing or the papers | ||
in the case contain an affirmative finding that the victim or | ||
intended victim was younger than 17 years of age; | ||
(F) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code, but not if the second violation | ||
results in a deferred adjudication; | ||
(G) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); | ||
(H) a violation of the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), | ||
(G), (J), or (K), but not if the violation results in a deferred | ||
adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; [ |
||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code; or | ||
(L) a violation of Section 20A.03 (Continuous | ||
trafficking of persons), Penal Code, if the offense is based on | ||
conduct that constitutes an offense under Section 20A.02(a)(3), | ||
(4), (7), or (8) of that code. | ||
SECTION 2. Article 62.101(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (b) and Subchapter I, | ||
the duty to register for a person ends when the person dies if the | ||
person has a reportable conviction or adjudication, other than an | ||
adjudication of delinquent conduct, for: | ||
(1) a sexually violent offense; | ||
(2) an offense under Section 20A.02(a)(3), (4), (7), | ||
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code; | ||
(3) an offense under Section 20A.03, Penal Code, if | ||
based on conduct that constitutes an offense under Section | ||
20A.02(a)(3), (4), (7), or (8) of that code; | ||
(4) an offense under Section 21.11(a)(2), Penal Code, | ||
if before or after the person is convicted or adjudicated for the | ||
offense under Section 21.11(a)(2), Penal Code, the person receives | ||
or has received another reportable conviction or adjudication, | ||
other than an adjudication of delinquent conduct, for an offense or | ||
conduct that requires registration under this chapter; | ||
(5) [ |
||
20.04, Penal Code, if: | ||
(A) the judgment in the case contains an | ||
affirmative finding under Article 42.015 or, for a deferred | ||
adjudication, the papers in the case contain an affirmative finding | ||
that the victim or intended victim was younger than 17 years of age; | ||
and | ||
(B) before or after the person is convicted or | ||
adjudicated for the offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, the person receives or has received another reportable | ||
conviction or adjudication, other than an adjudication of | ||
delinquent conduct, for an offense or conduct that requires | ||
registration under this chapter; or | ||
(6) [ |
||
that is punishable under Subsection (h) of that section. | ||
SECTION 3. Articles 62.001 and 62.101, Code of Criminal | ||
Procedure, as amended by this Act, apply 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 4. This Act takes effect September 1, 2017. |