bill adding educator-student relationship offense to sex offender registry

The text as introduced · 785 words

90R2491 CJD-D

By: Curry
H.B. No. 140

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of sex offender registration

requirements to the offense of improper relationship between

educator and student.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 62.001(5), Code of Criminal Procedure,

as amended by Chapters 123 (H.B. 2000), 248 (H.B. 1465), 557 (H.B.

1422), and 1145 (S.B. 1610), Acts of the 89th Legislature, Regular

Session, 2025, is reenacted and amended 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 disabled individual), 21.03

(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency

with a child), 21.12 (Improper relationship between educator and

student), 21.15 (Invasive visual recording), 22.011 (Sexual

assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited

sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 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 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(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), (K), or (L);

(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), (K), (L), or (M), 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;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code;

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code; [ or ]

(M) a violation of Section 15.032 (Child

grooming), Penal Code ; or

(N) [ (M) ] a violation of any law of this state

for which the person has been civilly committed as a sexually

violent predator under Chapter 841, Health and Safety Code.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

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 3. To the extent of any conflict, this Act prevails

over another Act of the 90th Legislature, Regular Session, 2027,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 4. This Act takes effect September 1, 2027.