I have a defendant, who was sentenced to 7 years TDC August 28, 1994, for "Sexual Assault." Now he is alleged to have failed to register under Chapter 62 CCP. His lawyer tells me that the defendant was not required to register because the offense was in 1994. I found some cases that say registration applies to offenses after 1999; but Article 62.002 says registration applies to all reportable convictions from 09/01/1970, on. Does anyone have any insight?

Jeremy,

You may want to check out AG Opinion No. GA-0454 that was issued on Septembber 13, 2006. I am not sure if it speaks to your situation or not but it may be helpful.

Answer was on pg. 3 of the TDCAA Sex Offender Registration Book! Anyone with a reportable conviction who was incarcerated or on some sort of supervision as of 09/01/97 must register under Chapter 62 (i.e. lifetime registration for sexual assault). My defendant's conviction was in 1994, so the 1995 Act would apply, unless he was incarcerated or on supervision (parole or probation) as of 09/01/97, in which case the 1997 Act (and curent law) would apply. The 1995 Act says that he only has to register to 10 years. THANKS TDCAA!

thanks!

Anytime. That's why we're here.