Bill Text: TX HB3031 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to sex offender registration for certain offenses involving a child victim.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-29 - Withdrawn from schedule [HB3031 Detail]
Download: Texas-2019-HB3031-Introduced.html
86R9646 MAW-D | ||
By: Calanni | H.B. No. 3031 |
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relating to sex offender registration for certain offenses | ||
involving a child victim. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.015, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) In the trial of an offense under Section 33.021 or | ||
43.02(b), Penal Code, the judge shall make an affirmative finding | ||
of fact and enter the affirmative finding in the judgment in the | ||
case if the judge determines beyond a reasonable doubt that the | ||
victim or intended victim was: | ||
(1) younger than 14 years of age at the time of the | ||
offense; or | ||
(2) believed by the defendant to be younger than 14 | ||
years of age at the time of the offense. | ||
SECTION 2. Article 42A.105, Code of Criminal Procedure, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) If a judge places on deferred adjudication community | ||
supervision a defendant charged with an offense under Section | ||
33.021 or 43.02(b), Penal Code, 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 beyond a | ||
reasonable doubt that the victim or intended victim was: | ||
(1) younger than 14 years of age at the time of the | ||
offense; or | ||
(2) believed by the defendant to be younger than 14 | ||
years of age at the time of the offense. | ||
SECTION 3. 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 partly or wholly 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 | ||
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(5) an offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, if [ |
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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; | ||
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(6) an offense under Section 33.021 or 43.02(b), Penal | ||
Code, if 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: | ||
(1) younger than 14 years of age at the time of the | ||
offense; or | ||
(2) believed by the defendant to be younger than 14 | ||
years of age at the time of the offense; or | ||
(7) an offense under Section 43.23, Penal Code, that | ||
is punishable under Subsection (h) of that section. | ||
SECTION 4. Article 62.101, Code of Criminal Procedure, as | ||
amended by this Act, applies only to a person who is required to | ||
register under Chapter 62, Code of Criminal Procedure, solely on | ||
the basis of a conviction or adjudication for an offense committed | ||
on or after the effective date of this Act. 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 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 5. This Act takes effect September 1, 2019. |