Sex Offender Registration

AuthorMark G. Daniel/Robert K. Gill
Chapter 18
Sex Offender Registration
Table of Contents
§18:10 General Points
§18:11 History of Sex Offender Registration Program
§18:12 Legislative Intent
§18:13 Constitutional Attacks on Sex Offender Registration
§18:14 Plea Admonishments
§18:15 Sex Offender Registration Website
§18:20 Registration Procedure
§18:21 Who Is Required to Register
§18:22 Form: Verification Requirements Chart
§18:23 Form: Pre-Release Notification Form
§18:24 Information Required for Registration
§18:25 Form: Sex Offender Registration CR-35
§18:26 Form: Institution of Higher Education Registration Form
§18:27 Required Registrant Information Update and Verification
§18:28 Form: Sex Offender Update Form
§18:29 Form: Registration Change of Address Notification
§18:30 Failure to Register
§18:31 Jury Unanimity in Failure to Register Cases
§18:40 Expiration or Exemption From Registration
§18:41 Expiration of Duty to Register
§18:42 Petition for Exemption From Registration Requirements
§18:42.1 Statutory Law
§18:42.2 Who Can Petition
§18:10 Texas Criminal lawyers Handbook 18-2
§18:10 General Points
§18:11 History of Sex Offender
Registration Program
The Texas version of a sex offender registration
program was first enacted effective September 1,
1991. The original duty to register as a sex offender
applied only to those with a “reportable conviction or
adjudication,” which meant only convictions for:
Indecency with a child
Sexual assault
Aggravated sexual assault
• Incest
Fourth violation for indecent exposure
Persons on deferred adjudication for any of the
listed offenses were originally not included in the sex
offender registration program.
Courts and prison officials were mandated to
inform those placed on probation or released from
prison that they had a duty to register, and to require
them to sign a statement that they were so informed.
Furthermore, the registration duty for those with
reportable convictions ended upon the discharge of
probation or parole.
In 1993, the Legislature added sexual performance
with child and possession or promotion of child por-
nography to the list of reportable offenses. More sig-
nificantly, deferred adjudication was included within
the definition of “reportable convictions and adjudi-
cations,” but applied only to those cases for which an
order of deferred adjudication was entered on or after
September 1, 1993.
The program was amended again in 1995 with the
passage of two Bills, Senate Bill 267 and House Bill
1379. House Bill 1379 changed the period of time for
registration to the tenth (10th) anniversary of the date
of discharge from probation, parole or deferred adju-
dication for all sexual offenders with the exception of
those whose reportable convictions were for:
Indecency with a child by contact
Sexual performance of a child
Aggravated sexual assault
Two other offenses, aggravated kidnapping with
intent to sexually abuse and burglary within intent to
sexually abuse, and the inchoate offenses were includ-
ed within the meaning of “reportable conviction or
adjudication.” Also, the number of indecent exposure
convictions necessary to trigger the reporting require-
ment was reduced from four to two. The victim’s age
was added as part of the required registration infor-
mation. However, these amendments applied only to
reportable convictions or adjudications occurring on
or after September 1, 1995. A reportable conviction or
adjudication occurring before September 1, 1995 was
governed by the prior law that extinguished the duty
to register upon discharge from parole or probation.
In 1997, further revisions were made to the sex
offender registration program. The sex offender reg-
istration statute was re-codified in Chapter 62 of the
Code of Criminal Procedure. The applicability of the
statute also was expanded in 1997 to include any con-
viction or adjudication occurring on or after September
1, 1970, if the offender has not been released from
prison or is still on any form of community supervi-
sion, juvenile probation or parole. Additional require-
ments emerged from the 1997 legislative amendments
to the sex offender registration statute as follows:
A sex offender must verify registration
with law enforcement at his intended resi-
dence within seven (7) days
If the sex offender does not arrive at
the anticipated residence within seven
(7) days, he must report back to prison
authorities or the community supervision
department, at which time he would com-
mence weekly reporting
Any time the offender is going to be at any
location for more than seven (7) days, he
must register with local law enforcement
In the event the offender moves to another
state, he must register under that state’s
sex offender statute within ten (10) days
of arrival in that state
PRACTICE TIP: When defending a
defendant charged with a violation of the
sex offender registration statutes, check the
original statute and subsequent amendments
to verify whether the statutes apply to the
defendant based on the time the original
offense was committed. The many changes
made to the statutes over the last several
legislatures may have left some gaps.
§18:12 Legislative Intent
In enacting the current registration and notification
program, the Legislature considered the following:
The unique threat sex offenders present to
public safety
The high rate of recidivism among sex
The low incidence of rehabilitation among
sex offenders

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