Sex Offender Registration

• Author: Robert Gill/Mark G. Daniel
• Pages: 333-368

18-1

CHAPTER 18

SEX OFFENDER REGISTRATION

I. The Registration Requirement

§18:01 Statutory Law

§18:02 General Points

§18:03 Information Required

II. Attacking the R egistration Requirement

A. General Points

§18:10 Attacks Have Not Been Successful

§18:11 Challenges Are Still Important

B. Ex Post Facto Challenges

§18:20 Constitutional Law

§18:21 General Points

§18:22 Kennedy Factors

§18:23 Burden and Presumptions

§18:24 Determinations of the Non-Punitive Nature

C. Challenges on Due Process Grounds

§18:30 Constitutional Law

§18:31 General Points

D. Challenges on Equal Protection Grounds

§18:40 Constitutional Law

§18:41 General Points

E. Challenges on Outlawry Grounds

§18:50 Constitutional Law

§18:51 General Points

TEXAS CRIMINAL FORMS 18-2

III. Petitioning for Exemption From the Registration Requirement

A. Petitions for Exemption From Registration

§18:60 Statutory Law

§18:61 General Points

§18:62 Necessary Findings

B. Petitions for Exemption From Registration in Juvenile Cases

§18:70 Statutory Law

§18:71 General Points

§18:72 Necessary Findings

C. Petitions for Early Termination of Registration Requirement

§18:80 Statutory Law

§18:81 General Points

IV. Forms

Form 18-1 Pre-Release Notification Form

Form 18-2 Sex Offender Registration Form

Form 18-3 Sex Offender Registration Update Form

Form 18-4 Sex Offender Registration Change of Address Notification

Form 18-5 Institution of Higher Education Sex Offender Registration Form

Form 18-6 Motion to Declare Texas Sex Offender Registration Provisions Unconstitutional as

Applied Due to Ex Post Facto Violation

Form 18-7 Motion to Declare Texas Sex Offender Registration Provisions Unconstitutional

Due to Ex Post Facto Violation

Form 18-8 Defendant’s Brief in Support of Motion to Declare Texas Sex Offender

Registration Provisions Unconstitutional Due to Ex Post Facto Violation

Form 18-9 Motion to Declare Texas Sex Offender Registration Provisions Unconstitutional

Because of Due Process Violation

Form 18-10 Motion to Declare Texas Sex Offender Registration Provisions Unconstitutional

Because of Equal Protection Violation

Form 18-11 Motion to Declare Texas Sex Offender Registration Provisions Unconstitutional

Because of Outlawry Violation

Form 18-12 Petition for Exemption From Registration Requirements for Young Adult Sex

Offender (conviction or adjudication after September 1, 2001)

Form 18-13 Petition for Exemption From Registration Requirements for Young Adult Sex

Offender (conviction or adjudication before September 1, 2001)

Form 18-14 Petition to Exempt Juvenile From Sex Offender Registration Requirements

Form 18-15 Petition to Exempt Registered Juvenile From Further Sex Offender Registration

Obligation

Form 18-16 Petition to Exempt Out-Of-State Juvenile From Sex Offender Registration

Requirements

Form 18-17 Petition to Exempt Juvenile From Sex Offender Registration Requirements Where

State Has Waived Hearing

Form 18-18 State’s Waiver of Right to Hearing on Petition to Exempt Juvenile From Sex

Offender Registration Requirements

Form 18-19.1 Motion for Early Termination of Sex Offender Registration Requirement

Form 18-19.2 Initial Eligibility Checklist for Deregistration Evaluation

18-3 SEX OFFENDER REGISTRATION §18:03

I. THE REGISTRATION

REQUIREMENT

§18:01 Statutory Law

Tex. Code Crim. Pro. Art. 62.102 Failure to Comply

With Registration Requirements

(a) A person commits an offense if the person is

required to register and fails to comply with

any requirement of this chapter.

(b) An offense under this article is:

(1) a state jail felony if the actor is a person

whose duty to register expires under

Article 62.101(b) or (c);

(2) a felony of the third degree if the actor is

a person whose duty to register expires

under Article 62.101(a) and who is

required to verify registration once each

year under Article 62.058; and

(3) a felony of the second degree if the

actor is a person whose duty to register

expires under Article 62.101(a) and who

is required to verify registration once

each 90-day period under Article 62.058.

(c) If it is shown at the trial of a person for an

offense or an attempt to commit an offense

under this article that the person has previous-

ly been convicted of an offense or an attempt

to commit an offense under this article, the

punishment for the offense or the attempt to

commit the offense is increased to the punish-

ment for the next highest degree of felony.

Tex. Code Crim. Pro. Art. 62.002 Applicability of Chapter

(a) This chapter applies only to a reportable con-

viction or adjudication occurring on or after

September 1, 1970.

(b) Except as provided by Subsection (c), the

duties imposed on a person required to

register under this chapter on the basis of a

reportable conviction or adjudication, and

the corresponding duties and powers of other

entities in relation to the person required to

register on the basis of that conviction or

adjudication, are not affected by:

(1) an appeal of the conviction or

adjudication; or

(2) a pardon of the conviction or adjudication.

(c) If a conviction or adjudication that is the

basis of a duty to register under this chapter

is set aside on appeal by a court or if the per-

son required to register under this chapter

on the basis of a conviction or adjudication

receives a pardon on the basis of subsequent

proof of innocence, the duties imposed on

the person by this chapter and the corre-

sponding duties and powers of other entities

in relation to the person are terminated.

§18:02 General Points

Under Art. 62.02 (now Art. 62.051), a sex

offender must register in person with local law

enforcement of the county or municipality in which

the offender resides. Aguirre v. State, 127 S.W.3d 883

(Tex.App.—Austin 2004, pet. ref’d).

Any person with a “reportable conviction or

adjudication” is required to register with the Texas

Department of Public Safety as a sex offender. Tex.

Code Crim. Pro. Arts. 62.051 and 62.002.

The offenses that constitute reportable convic-

tions or adjudications are set out in Tex. Code Crim.

Pro. Art. 62.001(5).

For more information on the registration require-

ment, see Texas Criminal Lawyers Handbook §18:20.

§18:03 Information Required

Registrants must provide:

(1) their name, each alias, date of birth, sex,

race, height, weight, eye color, hair color,

social security number, driver’s license num-

ber, home address and shoe size;

(2) a color photograph and complete set of

fingerprints;

(3) the type of offense committed, age of vic-

tim, date of conviction and the punishment

received;

(4) an indication as to whether the person is dis-

charged, paroled, released on juvenile proba-

tion, community supervision, or mandatory

supervision;

(5) an indication of any vocational or profes-

sional license held or sought;

(6) an indication as to whether the person is or

will be employed, carry on a vocation, or

enroll as a student at a particular public or

private institution of higher education in the

state or another state and the address of the

institution; and

(7) any other information sought by the law

enforcement agency.