Sex Offender Registration

• Author: Mark G. Daniel/Robert K. Gill
• Pages: 369-386

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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 LAWYER’S 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

pornography to the list of reportable offenses. More

significantly, deferred adjudication was included

within the definition of “reportable convictions and

adjudications,” 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 adjudication 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 included within the meaning of “reportable

conviction or adjudication.” Also, the number of

indecent exposure convictions necessary to trigger

the reporting requirement was reduced from four

to two. The victim’s age was added as part of the

required registration information. 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

registration 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 conviction 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 supervision, juvenile probation or parole.

Additional requirements 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

residence 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

commence 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

authorities

• 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