Who do I contact at DPS to get their list of criteria and/or record of out of state sex offenses for determination regarding substantially similar elements of offense under CCP 62.003? Additionally, how can a get a list of the states with which Texas has a reciprocal registration agreement?

We have a new resident in our fair city that was convicted of what Oregon calls "sexual abuse". His Oregon judgment requires him to register, but the elements of the Oregon offense may not be substanially similar to a Texas registerable offense. Apparently, "sexual abuse" in Oregon is not as bad an offense as it sounds.

As I understand it, if DPS determines its a substantially similar offense to a Texas registerable offense, then he is subject to most, if not all, of the registration requirements of Art. 62. If DPS determines that the Oregon offense is not similar enough, and Texas has a reciprocal agreement with Oregon, then he is required to register under the lesser requirements of CCP 62.052 for "extrajurisdictional registrants".

Someone please clue me in if my thinking is wrong on this.

I can't imagine an Oregon prosecutor who wouldn't send you a copy of the indictment and judgement and of the Oregon statute that was violated. Then compare the elements of their offense with those of our offenses reguiring registration. You can make that call on your authority without the DPS.

DJC, do you have any authority for your opinion?
The statute seems pretty clear that its DPS responsibility to make such determinations.

I do have a copy of the judgment and statute. If I were using the same criteria for looking at an out of state dwi conviction and trying to determine if it had substanially similar elements to use it as an enhancement for a Texas dwi, then I would say that the Oregon statute is not similar enough.

Ben, contact Vincent Castillega or Scott Merchant at DPS. Email me and I'll send you the numbers I have, although they are old.

You can reach Scott Merchant at 512-424-5835 and Vincent Castellja at 512-424-2279.

Janette

No, just never having been questioned by a defense attorney who was shown the out of state statute and judgment and compared them to our Texas statutes.

I wonder if the legislature can actually delegate that authority to the DPS but don't have time to play with that idea right now.

Of course, we could just put their numbers on the website so the sex offenders and cranks can call them and complain, I guess.

Thanks, Janette, I'll update my contact info for them.

It is not unheard of for the courts to take notice of an executive agency's interpretation of the law. I think the purpose here is to help the police and us know who must register. Maybe Janette, you might ask Vincent or Scott to log on and educate us about that. I first contacted them where we were getting ready to try one of these guys for failure to register and they were very helpful.