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Sex Registration for Defendant who completed Supervision before 1997? Login/Join 
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Was wondering if anyone could give me a case that clearly states that anyone convicted of sex offense after Sept. 1, 1970, must register as sex offender even if they completed parole or probation before 1997 amendment. I believe they do based on 2005 amendment to CCP, but some attorneys disagree with me. Can anyone give me a solid site to clear this up? Orlando Esquivel A.D.A. Hidalgo County, Texas. 956-318-2300 ext. 733
 
Posts: 2 | Location: Edinburg, Texas, United States of America | Registered: March 30, 2009Reply With QuoteReport This Post
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(1) What was date of original conviction?
(2) What was original conviction for?
(3) Was D still on probation/parole or still in prison on/after Sept. 1, 1991?
(4) Was D's conviction for an out-of-state offense to which SORNA makes registration in Texas manditory?
(5) Was D's conviction for an out-of-state offense to which Section 62.11 applies?

-> Your answers to these questions will guide you. But here are some cases that may provide some guidance:

Ex parte Liggins, 182 S.W.3d 928, 930 n. 5 (Tex. Crim. App. 2006) (explaining how Section 62.11 applies under different circumstances depending on, inter alia, date of conviction & whether defendant was "under supervision" or on parole or probation on or after 1991 for the sex offense).

Turner v. State, 101 S.W.3d 750, 758-60 (Tex. App.--Houston [1st Dist.] 2003, pet. ref'd) (discussing current registration requirements for pre-1993 penal code offenses that had different names).

United States v. Heth, No. 09-50119, slip op. at 3-7 (5th Cir. Feb. 4, 2010) (discussing imposition of SORNA requirements, 42 U.S.C. ~ 16913, in states that haven't fully implemented federal registration scheme and noting SORNA's application to sex offense convictions that predate SORNA's enactment). (opinion available online at http://www.ca5.uscourts.gov/opinions/pub/09/09-50119-CR0.wpd.pdf)
 
Posts: 218 | Location: Victoria, Texas | Registered: September 16, 2002Reply With QuoteReport This Post
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