By: Dutton H.B. No. 2879       A BILL TO BE ENTITLED   AN ACT   relating to treatment and registration of juveniles adjudicated for   a sexual offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 62.001, Chapter 62, Code of Criminal   Procedure, is amended by amending Subdivisions (5) and (10) and   adding Subdivision (5-a) 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; or                      (K)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code.                (5-a)  "Reportable adjudication" has the meaning   assigned by Section 54A.01(2), Family Code.                (10)  "Extrajurisdictional registrant" means a person   who:                      (A)  is required to register as a sex offender   under:                            (i)  the laws of another state with which the   department has entered into a reciprocal registration agreement;                            (ii)  federal law or the Uniform Code of   Military Justice; or                            (iii)  the laws of a foreign country; and                      (B)  is not otherwise required to register under   this chapter because:                            (i)  the person does not have a reportable   conviction for an offense under the laws of the other state, federal   law, the laws of the foreign country, or the Uniform Code of   Military Justice containing elements that are substantially   similar to the elements of an offense requiring registration under   this chapter[; or                            (ii)     the person does not have a reportable   adjudication of delinquent conduct based on a violation of an   offense under the laws of the other state, federal law, or the laws   of the foreign country containing elements that are substantially   similar to the elements of an offense requiring registration under   this chapter].          SECTION 2.  Article 62.002, Chapter 62, Code of Criminal   Procedure, is amended to read as follows:          Art. 62.002.  APPLICABILITY OF CHAPTER. (a)  This chapter   applies only to a reportable conviction [or adjudication] occurring   on or after September 1, 1970 or an order to register under Chapter   54A, Family Code.          (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 order to register under Chapter 54A,   Family Code [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 order to register under Chapter   54A, Family Code [adjudication], are not affected by:                (1)  an appeal of the conviction or of the reportable   adjudication the subject of an order to register under Chapter 54A,   Family Code; or                (2)  a pardon of the conviction or of the reportable   adjudication the subject of an order to register under Chapter 54A.          (c)  If a conviction or reportable adjudication the subject   of an order to register under Chapter 54A, Family Code   [adjudication] that is the basis of a duty to register under this   chapter is set aside on appeal by a court or if the person required   to register under this chapter on the basis of a conviction or   reportable adjudication the subject of an order to register under   Chapter 54A, Family Code receives a pardon on the basis of   subsequent proof of innocence, the duties imposed on the person by   this chapter and the corresponding duties and powers of other   entities in relation to the person are terminated.          SECTION 3.  Article 62.005, Chapter 62, Code of Criminal   Procedure is amended by amending Subsection (b) to read as follows:          (b)  The information contained in the database, including   the numeric risk level assigned to a person under this chapter, is   public information, with the exception of any information:                (1)  regarding the person's social security number or   driver's license number, or any home, work, or cellular telephone   number of the person;                (2)  that is described by Article 62.051(c)(7) or   required by the department under Article 62.051(c)(8), including   any information regarding an employer's name, address, or telephone   number; [or]                (3)  that would identify the victim of the offense for   which the person is subject to registration; or                (4)  that pertains to a person whose duty to register   results from an order to register under Chapter 54A, Family Code.          SECTION 4.  Article 62.007, Chapter 62, Code of Criminal   Procedure is amended by amending Subsection (g) to read as follows:          (g)  The numeric risk level assigned to a person required to   register on the basis of a reportable conviction, using the sex   offender screening tool described by this article is not   confidential and is subject to disclosure under Chapter 552,   Government Code.          SECTION 5.  Article 62.051, Chapter 62, Code of Criminal   Procedure is amended by amending Subsections (a) and (i) to read as   follows:          Art. 62.051.  REGISTRATION: GENERAL.  (a)  A person who has a   reportable conviction or has been ordered to register under Chapter   54A, Family Code [adjudication] or who is required to register as a   condition of parole, release to mandatory supervision, or community   supervision shall register or, if the person is a person for whom   registration is completed under this chapter, verify registration   as provided by Subsection (f), with the local law enforcement   authority in any municipality where the person resides or intends   to reside for more than seven days.  If the person does not reside or   intend to reside in a municipality, the person shall register or   verify registration in any county where the person resides or   intends to reside for more than seven days.  The person shall   satisfy the requirements of this subsection not later than the   later of:                (1)  the seventh day after the person's arrival in the   municipality or county; or                (2)  the first date the local law enforcement authority   of the municipality or county by policy allows the person to   register or verify registration, as applicable.          (i)  If the other state has a registration requirement for   sex offenders, a person who has a reportable conviction, or   reportable adjudication, who resides in this state, and who is   employed, carries on a vocation, or is a student in another state   shall, not later than the 10th day after the date on which the   person begins to work or attend school in the other state, register   with the law enforcement authority that is identified by the   department as the authority designated by that state to receive   registration information.  If the person is employed, carries on a   vocation, or is a student at a public or private institution of   higher education in the other state and if an authority for campus   security exists at the institution, the person shall also register   with that authority not later than the 10th day after the date on   which the person begins to work or attend school.          SECTION 6.  Article 62.052, Chapter 62, Code of Criminal   Procedure is amended by amending Subsection (a) to read as follows:          Art. 62.052.  REGISTRATION: EXTRAJURISDICTIONAL   REGISTRANTS.  (a)  An extrajurisdictional registrant is required to   comply with the annual verification requirements of Article 62.058   in the same manner as a person who is required to verify   registration on the basis of a reportable conviction or an order to   register under Chapter 54A, Family Code [adjudication].          SECTION 7.  Article 62.053, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a) and (d) to read as   follows:          Art. 62.053.  PRERELEASE NOTIFICATION. (a)  Before a person   who will be subject to registration under this chapter is due to be   released from a penal institution, the Texas Department of Criminal   Justice or the Texas Juvenile Justice Department shall determine   the person's level of risk to the community using the sex offender   screening tool developed or selected under Article 62.007 and   assign to the person a numeric risk level of one, two, or three.     Before releasing the person, an official of the penal institution   shall:                (1)  inform the person that:                      (A)  not later than the later of the seventh day   after the date on which the person is released or after the date on   which the person moves from a previous residence to a new residence   in this state or not later than the first date the applicable local   law enforcement authority by policy allows the person to register   or verify registration, the person must register or verify   registration with the local law enforcement authority in the   municipality or county in which the person intends to reside;                      (B)  not later than the seventh day after the date   on which the person is released or the date on which the person   moves from a previous residence to a new residence in this state,   the person must, if the person has not moved to an intended   residence, report to the applicable entity or entities as required   by Article 62.051(h) or (j) or 62.055(e);                      (C)  not later than the seventh day before the   date on which the person moves to a new residence in this state or   another state, the person must report in person to the local law   enforcement authority designated as the person's primary   registration authority by the department and to the juvenile   probation officer, community supervision and corrections   department officer, or parole officer supervising the person;                      (D)  not later than the 10th day after the date on   which the person arrives in another state in which the person   intends to reside, the person must register with the law   enforcement agency that is identified by the department as the   agency designated by that state to receive registration   information, if the other state has a registration requirement for   sex offenders;                      (E)  not later than the 30th day after the date on   which the person is released, the person must apply to the   department in person for the issuance of an original or renewal   driver's license or personal identification certificate and a   failure to apply to the department as required by this paragraph   results in the automatic revocation of any driver's license or   personal identification certificate issued by the department to the   person;                      (F)  the person must notify appropriate entities   of any change in status as described by Article 62.057; and                      (G)  certain types of employment are prohibited   under Article 62.063 for a person with a reportable conviction [or   adjudication for a sexually violent offense] involving a victim   younger than 14 years of age occurring on or after September 1,   2013;                (2)  require the person to sign a written statement   that the person was informed of the person's duties as described by   Subdivision (1) or Subsection (g) or, if the person refuses to sign   the statement, certify that the person was so informed;                (3)  obtain the address or, if applicable, a detailed   description of each geographical location where the person expects   to reside on the person's release and other registration   information, including a photograph and complete set of   fingerprints; and                (4)  complete the registration form for the person.          (d)  If a person who has a reportable conviction described by   Article 62.001(5)(H) or (I) is placed under the supervision of the   parole division of the Texas Department of Criminal Justice or a   community supervision and corrections department under Section   510.017, Government Code, the division or community supervision and   corrections department shall conduct the prerelease notification   and registration requirements specified in this article on the date   the person is placed under the supervision of the division or   community supervision and corrections department.  If a person who   is required to register under Chapter 54A, Family Code [has a   reportable adjudication of delinquent conduct described by Article   62.001(5)(H) or (I)] is[, as permitted by Section 60.002, Family   Code,] placed under the supervision of the Texas Juvenile Justice   Department [Youth Commission], a public or private vendor operating   under contract with the Texas Juvenile Justice Department [Youth   Commission], a local juvenile probation department, or a juvenile   secure pre-adjudication or post-adjudication facility, the   commission, vendor, probation department, or facility shall   conduct the prerelease notification and registration requirements   specified in this article on the date the person is placed under the   supervision of the commission, vendor, probation department, or   facility.          SECTION 8.  Article 62.054, Chapter 62, Code of Criminal   Procedure, is amended to read as follows:          Art. 62.054.  CIRCUMSTANCES REQUIRING NOTICE TO   SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a)  A local law   enforcement authority shall provide notice to the superintendent   and each administrator under Article 62.053(e) or 62.055(f) only   if:                (1)  the victim was at the time of the offense a child   younger than 17 years of age or a student enrolled in a public or   private secondary school;                (2)  the person subject to registration is a student   enrolled in a public or private secondary school; or                (3)  the basis on which the person is subject to   registration is a conviction, a deferred adjudication, or an order   to register under Chapter 54A, Family Code [adjudication of   delinquent conduct] for an offense under Section 43.25 or 43.26,   Penal Code, or an offense under the laws of another state, federal   law, or the Uniform Code of Military Justice that contains elements   substantially similar to the elements of an offense under either of   those sections.          (b)  A local law enforcement authority may not provide notice   to the superintendent or any administrator under Article 62.053(e)   or 62.055(f) if the basis on which the person is subject to   registration is a conviction, a deferred adjudication, or an order   to register under Chapter 54A, Family Code [adjudication of   delinquent conduct] for an offense under Section 25.02, Penal Code,   or an offense under the laws of another state, federal law, or the   Uniform Code of Military Justice that contains elements   substantially similar to the elements of an offense under that   section.          SECTION 9.  Article 62.056, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsection (c) to read as   follows:          (c)  The department shall establish procedures for a person   with respect to whom notice is provided under Subsection (a), other   than a person subject to registration on the basis of an order to   register under Chapter 54A, Family Code [adjudication of delinquent   conduct], to pay to the department all costs incurred by the   department in providing the notice.  The person shall pay those   costs in accordance with the procedures established under this   subsection.          SECTION 10.  Article 62.062, Chapter 62, Code of Criminal   Procedure, is amended to read as follows:          Art. 62.062.  LIMITATION ON NEWSPAPER PUBLICATION. A  [(a)     Except as provided by Subsection (b), a] local law enforcement   authority may not publish notice in a newspaper or other periodical   or circular concerning a person's registration under this chapter   if the only basis on which the person is subject to registration is   an order to register under Chapter 54A, Family Code [one or more   adjudications of delinquent conduct.          (b)     This article does not apply to a publication of notice   under Article 62.056.          SECTION 11.  Article 62.063, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (b) to read as   follows:   Text of subsection effective on January 01, 2017          (b)  A person subject to registration under this chapter   because of a reportable conviction [or adjudication] for which an   affirmative finding is entered under Article 42.015(b) or   42A.105(a), as appropriate, may not, for compensation:                (1)  operate or offer to operate a bus;                (2)  provide or offer to provide a passenger taxicab or   limousine transportation service;                (3)  provide or offer to provide any type of service in   the residence of another person unless the provision of service   will be supervised; or                (4)  operate or offer to operate any amusement ride.          SECTION 12.  Article 62.101, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a), and (c) and   adding Subsection (d) to read as follows:          Art. 62.101.  EXPIRATION OF DUTY TO REGISTER. (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 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;                (4)  an offense under Section 20.02, 20.03, or 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                (5)  an offense under Section 43.23, Penal Code, that   is punishable under Subsection (h) of that section.          (c)  Except as provided by Subchapter I, the duty to register   for a person with a reportable conviction [or adjudication] for an   offense other than an offense described by Subsection (a) ends[:                (1)     if the person's duty to register is based on an   adjudication of delinquent conduct, on the 10th anniversary of the   date on which the disposition is made or the person completes the   terms of the disposition, whichever date is later; or                (2)     if the person's duty to register is based on a   conviction or on an order of deferred adjudication,] on the 10th   anniversary of the date on which the court dismisses the criminal   proceedings against the person and discharges the person, the   person is released from a penal institution, or the person   discharges community supervision, whichever date is later.          (d)  Except as provided by Chapter 54A, the duty to register   for a person ordered to register under Chapter 54A, Family Code,   ends on the 5th anniversary of the date on which the disposition   order is entered or the person completes the terms of the   disposition, whichever is later.          SECTION 13.  Article 62.152, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a) and (e) to read as   follows:          Art. 62.152.  REGISTRATION OF CERTAIN WORKERS OR STUDENTS.   (a)  A person is subject to this subchapter and, except as otherwise   provided by this article, to the other subchapters of this chapter   if the person:                (1)  has a reportable conviction or is ordered to   register under Chapter 54A, Family Code [adjudication];                (2)  resides in another state; and                (3)  is employed, carries on a vocation, or is a student   in this state.          (e)  Notwithstanding Subsection (a), this article does not   apply to a person who has a reportable conviction [or   adjudication], who resides in another state, and who is employed,   carries on a vocation, or is a student in this state if the person   establishes another residence in this state to work or attend   school in this state.  However, that person remains subject to the   other articles of this chapter based on that person's residence in   this state.          SECTION 14.  Article 62.301, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsection (b) to read as   follows:   Text of subsection effective on January 01, 2017          (b)  A person is eligible to petition the court as described   by Subsection (a) if:                (1)  the person is required to register only as a result   of a single reportable conviction [or adjudication, other than an   adjudication of delinquent conduct]; and                (2)  the court has entered in the appropriate judgment   or has filed with the appropriate papers a statement of an   affirmative finding described by Article 42.017 or 42A.105(c).          SECTION 15.  Article 62.402, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a), (b), and (c) to   read as follows:          Art. 62.401.  DEFINITION. In this subchapter, "council"   means the Council on Sex Offender Treatment.          Art. 62.402.  DETERMINATION OF MINIMUM REQUIRED   REGISTRATION PERIOD. (a)  The department by rule shall determine   the minimum required registration period under federal law for each   reportable conviction under this chapter, or reportable   adjudication the basis for an order to register under Chapter 54A,   Family Code [under this chapter].          (b)  After determining the minimum required registration   period for each reportable conviction or reportable adjudication   under Subsection (a), the department shall compile and publish a   list of reportable convictions, and shall compile a nonpublic list   of [or] reportable adjudications the subject of an order to   register under Chapter 54A for which a person must register under   this chapter for a period that exceeds the minimum required   registration period under federal law.          (c)  To the extent possible, the department shall   periodically verify with the United States Department of Justice's   Office of Sex Offender Sentencing, Monitoring, Apprehending,   Registering, and Tracking or another appropriate federal agency or   office the accuracy of the list of reportable convictions or   reportable adjudications described by Subsection (b).          SECTION 16.  Article 62.403, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a) and (b) to read as   follows:          Art. 62.403.  INDIVIDUAL RISK ASSESSMENT. (a)  The council   by rule shall establish, develop, or adopt an individual risk   assessment tool or a group of individual risk assessment tools   that:                (1)  evaluates the criminal history of a person   required to register under this chapter; and                (2)  seeks to predict:                      (A)  the likelihood that the person will engage in   criminal activity that may result in the person receiving a second   or subsequent reportable [adjudication or] conviction; and                      (B)  the continuing danger, if any, that the   person poses to the community.          (b)  On the written request of a person with a single   reportable [adjudication or] conviction that appears on the list   published under Article 62.402(b), the council shall:                (1)  evaluate the person using the individual risk   assessment tool or group of individual risk assessment tools   established, developed, or adopted under Subsection (a); and                (2)  provide to the person a written report detailing   the outcome of an evaluation conducted under Subdivision (1).          SECTION 17.  Article 62.404, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsections (a) and (b) to read as   follows:          Art. 62.404.  MOTION FOR EARLY TERMINATION. (a)  A person   required to register under this chapter who has requested and   received an individual risk assessment under Article 62.403 may   file with the trial court that sentenced the person for the   reportable conviction [or adjudication] a motion for early   termination of the person's obligation to register under this   chapter.          (b)  A motion filed under this article must be accompanied   by:                (1)  a written explanation of how the reportable   conviction [or adjudication] giving rise to the movant's   registration under this chapter qualifies as a reportable   conviction [or adjudication] that appears on the list published   under Article 62.402(b); and                (2)  a certified copy of a written report detailing the   outcome of an individual risk assessment evaluation conducted under   Article 62.403(b)(1).          SECTION 18.  Article 62.405, Chapter 62, Code of Criminal   Procedure, is amended by amending Subsection (b) to read as   follows:          (b)  The court may not grant a motion filed under Article   62.404 if:                (1)  the motion is not accompanied by the documents   required under Article 62.404(b); or                (2)  the court determines that the reportable   conviction [or adjudication] for which the movant is required to   register under this chapter is not a reportable conviction [or   adjudication] for which the movant is required to register for a   period that exceeds the minimum required registration period under   federal law.          SECTION 19.  Article 62.408, Chapter 62, Code of Criminal   Procedure, is amended to read as follows:          Art. 62.408.  NONAPPLICABILITY. This subchapter does not   apply to a person without a reportable conviction [or adjudication]   who is required to register as a condition of parole, release to   mandatory supervision, or community supervision.          SECTION 20.  Section 37.302, Education Code, is amended by   amending Subdivision (2) to read as follows:          Sec. 37.302.  Applicability.          This subchapter:          (1)  applies to a student who is required to register as a sex   offender under Chapter 54A, Family Code or Chapter 62, Code of   Criminal Procedure; and          (2)  does not apply to a student who is no longer required to   register as a sex offender under Chapter 54A, Family Code or Chapter   62, Code of Criminal Procedure[, including a student who receives   an exemption from registration under Subchapter H, Chapter 62, Code   of Criminal Procedure, or a student who receives an early   termination of the obligation to register under Subchapter I,   Chapter 62, Code of Criminal Procedure].          SECTION 21.  Section 37.303, Education Code, is amended to   read as follows:          Sec. 37.303.  REMOVAL OF REGISTERED SEX OFFENDER FROM   REGULAR CLASSROOM.          Notwithstanding any provision of Subchapter A, on receiving   notice under Article 15.27, Code of Criminal Procedure, or Chapter   62, Code of Criminal Procedure, that a student is required to   register as a sex offender under that chapter, a school district may   [shall] remove the student from the regular classroom and determine   the appropriate placement of the student in the manner provided by   this subchapter.          SECTION 22.  Section 37.305, Education Code, is redesignated   as Section 37.304, Education Code and amended to read as follows:          Sec. 37.304 [37.305].  PLACEMENT OF REGISTERED SEX OFFENDER   [WHO IS NOT UNDER COURT SUPERVISION].          A school district may place a student to whom this subchapter   applies [and who is not under any form of court supervision] in the   appropriate alternative education program as provided by Section   37.309 for one semester or in the regular classroom.  The district   may not place the student in the regular classroom if the district   board of trustees determines that the student's presence in the   regular classroom:  (1)  threatens the safety of other students or   teachers;          (2)  will be detrimental to the educational process; or          (3)  is not in the best interests of the district's students.          SECTION 23.  Section 37.306, Education Code, is redesignated   as Section 37.305, Education Code and amended by amending   Subsection (a) to read as follows:          Sec. 37.305 [37.306].  REVIEW OF PLACEMENT IN ALTERNATIVE   EDUCATION PROGRAM.          (a)  At the end of the first semester of a student's   placement in an alternative education program under Section 37.304   [or 37.305], the school district board of trustees shall convene a   committee to review the student's placement in the alternative   education program.  The committee must be composed of:  (1)  a   classroom teacher from the campus to which the student would be   assigned were the student not placed in an alternative education   program;          (2)  the student's parole or probation officer or, in the   case of a student who does not have a parole or probation officer, a   representative of the local juvenile probation department;          (3)  an instructor from the alternative education program to   which the student is assigned;          (4)  a school district designee selected by the board of   trustees; and          (5)  a school counselor employed by the school district.          SECTION 24.  Section 37.307, Education Code, is redesignated   as Section 37.306, Education Code and amended by amending   Subsection (b) to read as follows:          Sec. 37.306 [37.307].  PLACEMENT AND REVIEW OF STUDENT WITH   DISABILITY.          (b)  The review under Section 37.305 [37.306] of the   placement of a student with a disability who receives special   education services may be made only by a duly constituted   admission, review, and dismissal committee.  The admission, review,   and dismissal committee may request that the board of trustees   convene a committee described by Section 37.305(a) [37.306(a)] to   assist the admission, review, and dismissal committee in conducting   the review.          SECTION 25.  Section 37.308, Education Code, is redesignated   as Section 37.307, Education Code and amended to read as follows:          Sec. 37.307 [37.308].  TRANSFER OF REGISTERED SEX OFFENDER.          Except as provided by Section 37.304(b), a school district   shall determine whether to place a student to whom this subchapter   applies and who transfers to the district in the appropriate   alternative education program as provided by Section 37.308   [37.309] or in a regular classroom.  The school district shall   follow the procedures specified under Section 37.305 [37.306] in   making the determination.          SECTION 26.  Section 37.309, Education Code, is redesignated   as Section 37.308, Education Code.          SECTION 27.  Section 51.073(d-1), Family Code, is amended to   read as follows:          (d-1)  On the final transfer of a case involving a child who   has been adjudicated as having committed an offense for which   registration is [required] ordered under Chapter [62, Code of   Criminal Procedure] 54A, the receiving county shall have   jurisdiction to conduct a hearing under that chapter.  This   subsection does not prohibit the receiving county juvenile court   from considering the written recommendations of the sending county   juvenile court.          SECTION 28.  Section 54.03, Family Code, is amended by   adding Subsection (k) to read as follows:          (k)  If the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that constitutes a reportable adjudication under Section   54A.01(2), the child is not required to register as a sex offender   unless there is a court order requiring registration under Chapter   54A.          SECTION 29.  Section 54.0405, Family Code, is amended by   amending Subsections (a), (b), (c), (g), and (i) and adding   Subsections (j) to read as follows:          Sec. 54.0405.  CHILD PLACED ON PROBATION FOR CONDUCT   CONSTITUTING SEXUAL OFFENSE. (a)  If a court or jury makes a   disposition under Section 54.04 in which a child described by   Subsection (b) is placed on probation the court:                (1)  may require as a condition of probation that the   child:                      (A)  attend and successfully complete sex   offender treatment[, psychological counseling sessions for sex   offenders] as provided by Subsection (e); and                      (B)  submit to a polygraph examination as provided   by Subsection (f) for purposes of evaluating the child's treatment   progress; and                (2)  shall require as a condition of probation that the   child[:                      (A)     register under Chapter 62, Code of Criminal   Procedure; and                      [(B)]  submit a blood sample or other specimen to   the Department of Public Safety under Subchapter G, Chapter 411,   Government Code, for the purpose of creating a DNA record of the   child, unless the child has already submitted the required specimen   under other state law.          (b)  This section applies to a child placed on probation for   conduct constituting an offense for which the child is ordered   [required] to register as a sex offender under [this] Chapter 54A   [62, Code of Criminal Procedure].          (c)  Sex offender treatment [Psychological counseling]   required as a condition of probation under Subsection (a) must be   with an individual or organization that:                (1)  provides sex offender treatment [or counseling];                (2)  is a sex offender treatment provider, as defined   by Section 110.001(7), Occupations Code, specified by the local   juvenile probation department supervising the child; and                (3)  meets minimum standards of sex offender treatment   [counseling] established by the local juvenile probation   department in accordance with guidelines established by the council   on sex offender treatment providers and licensing or registry   standards.          (g)  A court that requires [as a condition of probation] that   a child attend sex offender treatment [psychological counseling]   under Subsection (a) may order the parent or guardian of the child   to:                (1)  attend four sessions of instruction with an   individual or organization specified by the court relating to:                      (A)  sexual offenses;                      (B)  family communication skills;                      (C)  sex offender treatment;                      (D)  victims' rights;                      (E)  parental supervision; and                      (F)  appropriate sexual behavior; and                (2)  during the period the child attends sex offender   treatment [psychological counseling], participate in monthly   treatment groups conducted by the child's treatment provider   relating to the child's sex offender treatment [psychological   counseling].          (i)  A court that requires as a condition of probation that a   child attend sex offender treatment [psychological counseling   under Subsection (a) may, before the date the probation period   ends, extend the probation for any additional period necessary to   complete the required treatment [counseling] as determined by the   treatment provider, except that the probation may not be extended   to a date after the date of the child's 18th birthday, or 19th   birthday if the child is placed on determinate sentence probation   under Section 54.04(q).          (j)  A court that requires that a child attend sex offender   treatment under Subsection (a) shall require the individual or   organization specified by the court to promptly provide upon   request by the prosecuting attorney, the child's attorney or the   juvenile probation department a copy of a report that:                (1)  describes the treatment of the child provided by   the individual or organization; and                (2)  states the opinion of the treatment provider   whether the child would benefit from further treatment, or should   be successfully or unsuccessfully discharged from further   treatment.          SECTION 30.  Section 54.0501, Family Code, is amended by   amending Subsections (g) and (h) to read as follows:          (g)  If the juvenile court places the child on probation for   an offense for which registration as a sex offender may be ordered   under Chapter 54A [is required by Chapter 62, Code of Criminal   Procedure, and defers the registration requirement until   completion of treatment for the sex offense under Subchapter H,   Chapter 62, Code of Criminal Procedure], the authority to enter   orders under Chapter 54A [under that article to reexamine the need   for registration on completion of treatment] is transferred to the   court to which probation is transferred.          (h)  If the juvenile court places the child on probation for   an offense for which registration as a sex offender may be ordered   under Chapter 54A [is required by Chapter 62, Code of Criminal   Procedure], and the child registers, the authority of the court to   order early termination of registration [excuse further compliance   with the registration requirement] under Section 54A [Subchapter H,   Chapter 62, Code of Criminal Procedure], is transferred to the   court to which probation is transferred.          SECTION 31.  Title 3, Family Code, is amended by adding   Chapter 54A to read as follows:   CHAPTER 54A. JUVENILE SEX OFFENDER REGISTRATION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 54A.01.  DEFINITIONS. In this chapter:                (1)  "Public or private institution of higher   education" includes a college, university, community college, or   technical or trade institute.                (2)  "Reportable adjudication" means an adjudication   of delinquent conduct that, regardless of the pendency of an   appeal, is an adjudication 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;                      (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)  the second violation of Section 21.08   (Indecent exposure), Penal Code;                      (F)  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), or (J);                      (G)  a violation of the laws of another state,   federal law, the laws of a foreign country 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), (C), (D), (F), (I), or (J);                      (H)  the second violation of the laws of another   state, federal law, the laws of a foreign country for or based on   the violation of an offense containing elements that are   substantially similar to the elements of the offense of indecent   exposure;                      (I)  a violation of Section 33.021 (Online   solicitation of a minor), Penal Code; or                      (J)  a violation of Section 20A.02(a)(3), (4),   (7), or (8) (Trafficking of persons), Penal Code.   SUBCHAPTER B. JUVENILE SEX OFFENDER REGISTRATION          Sec. 54A.02.  MOTION AND HEARING ON SEX OFFENDER   REGISTRATION. (a) After a disposition hearing for a reportable   offense described in 54A.01(2), the prosecuting attorney may file a   written motion requesting a hearing to require the child to   register as a sex offender:                (1)  upon receipt of a report described in Section   54.0405(j) or 245.053(j), Human Resources Code from a licensed sex   offender treatment provider, as that term is defined in Section   110.001(7), Occupations Code, that the child has been   unsuccessfully discharged from sex offender treatment; or                (2)  if the child has been adjudicated to have engaged   in delinquent conduct for an offense listed in Section 54A.01(2),   subsequent to a prior adjudication for an offense listed in Section   54A.01(2) for which the child has had an opportunity to complete   court-ordered sex offender treatment.          (b)  A hearing under this Chapter is without a jury, and the   burden of persuasion is on the prosecuting attorney to show by a   preponderance of evidence that:                (1)  the protection of the public would be increased by   registration under this section; and                (2)  any increase in protection of the public resulting   from registration of the child clearly outweighs the anticipated   substantial harm to the child and the child's family that would   result from registration under this Chapter.          (c)  Reasonable notice of a hearing to require sex offender   registration shall be given to all parties.          (d)  The court at the hearing shall:                (1)  consider all relevant evidence, including but not   limited to:                            (i)  the commission by the child of any other   sexual offense listed in Section 54A.01(2);                            (ii)  the conduct of the child in the   commission of the offense or offenses which are the subject of the   adjudication;                            (iii)  any physical, mental or emotional   harm to the victim as a result of the child's conduct;                            (iv)  the age of the child at the time of the   commission of the offense or offenses; and                (2)  make its determination based on:                            (i)  the receipt of exhibits;                            (ii)  the testimony of witnesses;                            (iii)  representations of counsel for the   parties; or                            (iv)  the contents of a social history   report prepared by the juvenile probation department that may   include the results of testing and examination of the child by a   psychologist, psychiatrist, or counselor.          (e)  All written matter considered by the court shall be   disclosed to all parties as provided by Section 54.04(b).          Sec. 54A.03.  ORDER GENERALLY. (a) After a hearing under   Section 54A.02, if the court determines that the protection of the   public would be increased by registration under this Chapter and   any increase in protection of the public resulting from   registration of the child clearly outweighs the anticipated   substantial harm to the child and the child's family that would   result from registration under this section, the court shall enter   an order requiring a child to register as a sex offender in   accordance with the registration procedures set out in Chapter 62,   Code of Criminal Procedure, but providing that the registration   information is not public information and is restricted to use by   law enforcement and criminal justice agencies, the Council on Sex   Offender Treatment, the Department of Family and Protective   Services, and public or private institutions of higher education   and may not be posted on the internet or released to the public in   any manner.          (b)  After a hearing under this Chapter, if the court finds   the prosecuting attorney has not met its burden regarding   registration, the court shall enter an order so stating and the   child shall not be required to register.   SUBCHAPTER C. REGISTRATION FOR CERTAIN PERSONS          Sec. 54A.04.  PERSONS ALREADY REGISTERED. A person who has   registered under Chapter 62, Code of Criminal Procedure as a sex   offender for an adjudication of delinquent conduct prior to   September 1, 2017 and whose registration is on a public registry,   shall be automatically removed from the public registry and that   person's registration shall become nonpublic.          Sec. 54A.05.  MOTION, HEARING, AND ORDER CONCERNING PERSON   WITH AN OUT-OF-STATE ADJUDICATION. The prosecuting attorney may   file a motion requesting sex offender registration of a person with   an out-of-state adjudication for an offense listed in Section   54A.01(2). The motion may be filed in the juvenile court of the   person's county of residence. On receipt of a motion under this   subsection, the juvenile court shall conduct a hearing and make   rulings as in other cases under 54A.02.   SUBCHAPTER D. APPEAL OF CERTAIN ORDERS          Sec. 54A.06.  APPEAL OF CERTAIN ORDERS. (a)   Notwithstanding Section 56.01, Family Code, on entry by a juvenile   court of an order under Section 54A.03(b) or Section 54A.05(a)   denying the state's motion to require registration, the prosecuting   attorney may appeal that order by giving notice of appeal within the   time required under Rule 26.2(b), Texas Rules of Appellate   Procedure. The appeal is civil and the standard of review in the   appellate court is whether the juvenile court committed procedural   error or abused its discretion in exempting the person from   registration under this chapter. The appeal is limited to review of   the order denying the person from registration under this chapter   and may not include any other issues in the case.          (b)  A child may under Section 56.01, Family Code, appeal a   juvenile court's order under Section 54A.03(a) requiring   registration in the same manner as the appeal of any other legal   issue in the case. The standard of review in the appellate court is   whether the juvenile court committed procedural error or abused its   discretion in ordering registration.   SUBCHAPTER E. EARLY TERMINATION OF OBLIGATION TO REGISTER          Sec. 54A.07.  DEFINITION. In this subchapter, "council"   means the Council on Sex Offender Treatment.          Sec. 54A.08.  INDIVIDUAL RISK ASSESSMENT. (a) The council   by rule shall establish, develop, or adopt an individual risk   assessment tool or a group of individual risk assessment tools   that:                (1)  evaluates the criminal history of a person   required to register under this chapter; and                (2)  seeks to predict:                      (A)  the likelihood that the person will engage in   criminal activity that may result in the person receiving a second   or subsequent reportable adjudication; and                      (B)  the continuing danger, if any, that the   person poses to the community.          (b)  On the written request of a person with a single   reportable adjudication that appears on the nonpublic list compiled   by the Department of Public Safety under Article 62.402(b), the   council shall:                (1)  evaluate the person using the individual risk   assessment tool or group of individual risk assessment tools   established, developed, or adopted under Subsection (a); and                (2)  provide to the person a written report detailing   the outcome of an evaluation conducted under Subdivision (1).          Sec. 54A.09.  MOTION FOR EARLY TERMINATION OF OBLIGATION TO   REGISTER. A person ordered to register under this Chapter for a   reportable adjudication, who has requested and received an   individual risk assessment under Section 54A.08, may file a motion   for early termination of the person's obligation to register under   this Chapter with the juvenile court that adjudicated the person.          (a)  A motion filed under this section must be accompanied   by:                (1)  A written explanation of how the reportable   adjudication giving rise to the person's registration under this   Chapter qualifies as a reportable adjudication; and                (2)  A certified copy of a written report detailing the   outcome of an individual risk assessment evaluation conducted in   accordance with Section 54A.08.          Sec. 54A.10.  HEARING ON PETITION. (a) After reviewing a   motion filed with the juvenile court under Section 54A.09, the   court may:                (1)  deny without a hearing the person's request for   early termination; or                (2)  hold a hearing on the motion to determine whether   to grant or deny the motion.          (b)  The court may not grant a motion filed under Section   54A.09 if:                (1)  the motion is not accompanied by the documents   required under Section 54A.09; or                (2)  the court determines that the reportable   adjudication for which the person is ordered or required to   register under this Chapter is not a reportable adjudication for   which the person is required to register for a period that exceeds   the minimum required registration period under federal law.          Sec. 54A.11.  COSTS OF INDIVIDUAL RISK ASSESSMENT AND OF   COURT. A person required to register under this Chapter who files a   motion for early termination of the person's registration   obligation under this Chapter is responsible for and shall remit to   the Council on Sex Offender Treatment and to the court, as   applicable, all costs associated with and incurred by the council   in providing the individual risk assessment or by the court in   holding a hearing under Section 54A.10.          Sec. 54A.12.  EFFECT OF ORDER GRANTING EARLY TERMINATION.   (a) If, after notice to the person and to the prosecuting attorney   and a hearing, the court grants a motion filed under Section 54A.09   for early termination of a person's obligation to register under   this Chapter, the person's obligation to register under this   Chapter ends on the later of:                (1)  the date the court enters the order of early   termination; or                (2)  the date the person has paid each cost described by   Section 54A.11.          (b)  If the court grants a motion filed under Section 54A.09   for early termination of a person's obligation to register under   this Chapter, all conditions of the person's parole, release to   mandatory supervision, or community supervision shall be modified   in accordance with the court's order.   SUBCHAPTER F. CONFLICT OF LAW          Sec. 54A.11  CONFLICT OF LAW. In the event of a conflict   between this Chapter and a provision of Chapter 62, Government   Code, the provisions of this Chapter shall prevail.          SECTION 32.  Section 58.003(n), Family Code is amended to   read as follows:          (n)  A record created or maintained under Chapter 62, Code of   Criminal Procedure as a result of registration based on an order   issued under Chapter 54A, may not be sealed under this section if   the person who is the subject of the record has a continuing   obligation to register under Chapter 62, Code of Criminal Procedure   [that chapter].          SECTION 33.  Section 411.1473, Government Code is amended by   amending Subsection (a) to read as follows:          Sec. 411.1473.  DNA RECORDS OF CERTAIN REGISTERED SEX   OFFENDERS. (a) This section applies only to a person who is   required to register under Chapter 62, Code of Criminal Procedure   as a result of a reportable conviction under that Chapter or a   person who is ordered to register under Chapter 54A, Family Code.          SECTION 34.  Section 245.053, Human Resources Code, is   amended by amending Subsections (a), (b), (c), (g), and (i) and   adding Subsection (j) to read as follows:          Sec. 245.053.  SEX OFFENDER COUNSELING AND TREATMENT. (a)   Before releasing a child described by Subsection (b) under   supervision, the department:                (1)  may require as a condition of release that the   child:                      (A)  attend and successfully complete sex   offender treatment, [psychological counseling sessions for sex   offenders] as provided by Subsection (e); and                      (B)  submit to a polygraph examination as provided   by Subsection (f) for purposes of evaluating the child's treatment   progress; and                (2)  shall require as a condition of release that the   child[:                      (A)     register under Chapter 62, Code of Criminal   Procedure; and                      (B)]  submit a blood sample or other specimen to   the Department of Public Safety under Subchapter G, Chapter 411,   Government Code, for the purpose of creating a DNA record of the   child, unless the child has already submitted the required specimen   under other state law.          (b)  This section applies to a child adjudicated for engaging   in delinquent conduct constituting an offense for which the child   is ordered [required] to register as a sex offender under Chapter   54A, Family Code [62, Code of Criminal Procedure].          (c)  Sex offender treatment [Psychological counseling]   required as a condition of release under Subsection (a) must be with   an individual or organization that:                (1)  provides sex offender treatment or counseling;                (2)  is a sex offender treatment provider, as defined   by Section 110.001(7), Occupations Code, specified by the   department; and                (3)  meets minimum standards of counseling established   by the department in accordance with the guidelines established by   the council on sex offender treatment providers and licensing or   registry standards.          (g)  If the department requires as a condition of release   that a child attend sex offender treatment [psychological   counseling] under Subsection (a), the department shall notify the   court that committed the child to the department. After receiving   notification from the department under this subsection, the court   may order the parent or guardian of the child to:                (1)  attend four sessions of instruction with an   individual or organization specified by the department relating to:                      (A)  sexual offenses;                      (B)  family communication skills;                      (C)  sex offender treatment;                      (D)  victims' rights;                      (E)  parental supervision; and                      (F)  appropriate sexual behavior; and                (2)  during the time the child attends sex offender   treatment, [psychological counseling], participate in monthly   treatment groups conducted by the child's treatment provider   relating to the child's sex offender treatment [psychological   counseling].          (i)  If the department requires as a condition of release   that a child attend sex offender treatment [psychological   counseling] under Subsection (a), the department may, before the   date the period of release ends, petition the appropriate court to   request the court to extend the period of release for an additional   period necessary to complete the required sex offender treatment   [counseling] as determined by the treatment provider, except that   the release period may not be extended to a date after the date of   the child's 18th birthday.          (j)  If the department requires as a condition of release   that a child attend sex offender treatment under subsection (a),   the department shall require the individual or organization   specified by the department to promptly provide upon request of the   department, the prosecuting attorney, or the child's attorney, a   copy of a report that:                (1)  describes the treatment of the child provided by   the individual or organization; and                (2)  states the opinion of the treatment provider   whether the child would benefit from further treatment, or should   be successfully discharged from further treatment.          SECTION 35.  Section 110.001, Occupations Code, is amended   by adding Subdivision (7-a) to read as follows:                (7-a)  "Sexual behavior educator/paraprofessional"   means a person, licensed by the council and recognized based on   training and experience to provide psychoeducational and   skills-based interventions to juveniles with sexual behavior   problems who have been adjudicated or referred to a state agency or   a court.          SECTION 36.  Section 110.151, Occupations Code, is amended   by amending Subdivision (3) and adding Subdivision (2-a) to read as   follows:          Sec. 110.151.  TREATMENT FOR SEX OFFENDERS. The council   shall:                (1)  develop treatment strategies for sex offenders by   evaluating in-state and out-of-state programs for sex offender   treatment;                (2)  set standards for treatment of sex offenders that   must be met by sex offender treatment providers to be eligible for a   license under this chapter;                (2-a)  set standards for residential programs offering   treatment to juveniles with sexual behavior problems; and                (3)  recommend to licensing and regulatory boards and   to the directors of current programs methods of improving   residential programs to meet council standards.          SECTION 37.  Section 110.152, Occupations Code, is amended   by amending Subsection (2)(A) and adding Subdivision (A-1) to read   as follows:          Sec. 110.152.  LIST AND LICENSE REQUIREMENTS. The council   shall:                (1)  maintain a list of sex offender treatment   providers under Section 110.161; and                (2)  develop and implement by rule under Subchapter G:                      (A)  topic-specific training requirements for   providers working with juveniles [license requirements]; [and]                      (A-1)  license requirements; and                      (B)  procedures for sex offender treatment   providers.          SECTION 38.  Section 110.157, Occupations Code, is amended   to read as follows:          Sec. 110.157.  CONTINUING EDUCATION PROGRAMS. The council   shall design and conduct continuing education programs for sex   offender treatment providers. Continuing education programs shall   not serve as a substitute for the training curriculum required for   initial licensure. Continuing education programs shall offer   topics specific for specialized populations, including juveniles,   females, and individuals with developmental or intellectual   disabilities.          SECTION 39.  Section 110.164, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  The council shall develop or adopt a dynamic risk   assessment tool for use as part of an assessment battery to be   administered in determining that a juvenile adjudicated for a   sexual offense and ordered to register under Chapter 54A, Family   Code, will be subject to registration requirements.   SUBCHAPTER E. INTERAGENCY ADVISORY COMMITTEE          SECTION 40.  Section 110.302, Occupations Code, is amended   by amending Subsection (c) to read as follows:          (c)  The Texas Board of Criminal Justice may vote to exempt   employees of the Texas Department of Criminal Justice from a   specific licensing requirement imposed under this section if the   board determines that the requirement causes financial or   operational hardship on the agency. The Texas Juvenile Justice   Department [Youth Commission] may not exempt any employee of the   commission from a licensing requirement imposed by this section for   any reason.          (c)  The governing board of the Texas Juvenile Justice   Department [Youth Commission] may vote to exempt employees of the   Texas Youth Commission from a specific licensing requirement   imposed under this section if the board determines that the   requirement causes financial or operational hardship on the agency.   The Texas Board of Criminal Justice may not exempt any employee of   the Texas Department of Criminal Justice from a licensing   requirement imposed by this section for any reason.          SECTION 41.  Subchapter H, Chapter 62, Code of Criminal   Procedure, is repealed.          SECTION 42.  Section 37.304, Education Code, as added by   Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June   15, 2007, and as added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B.   6), Sec. 3, eff. September 1, 2007, is repealed.          SECTION 43.  This Act takes effect September 1, 2017.