Facts: Sex Offender on Probation from Colorado being supervised in Texas, registered in San Marcos. His probation ended in 1999, his registration obligation in 2006. 9/1/2000 he sent a letter to SMPD saying he was leaving the State "so I'm returning my registration card." No change of address, he just disappeared. SMPD figures this out in January, 2003 and obtains warrant on 1/22/2003. The case was never presented to the grand jury because, for some reason, standard practice around here had ben to not even notify the DA until an arrest had been made.

Fast forward to a couple of weeks ago. SMPD discovers that offender is in Chile, probably has been since 2000, and we may be able to prove that.

(1) When does S of L start running - 8th day after he has actually moved? 30st day after his next birthday? both or either?

(2) If he is leaving the State and is no longer under supervision, does he even have to tell us?

(3) Should I even care?

The limitations period begins running on the date of the crime. Under CCP Art. 12.05 (a) the time period he is absent from the state is not computed in the period of limitation. If he has been gone the entire time, you do not have a statute problem.

However, I do not know if the defendant broke the law. He did not move to another state with a registration requirement. Additionally, he told the local law enforement agency that he was moving. Apparently, he did not tell them his new address in Chile, but what good would that have done if there is no registration requirement in Chile??