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Defendant convicted in another state of an offense that under Texas law would amount to aggravated sexual assault. He is only required to register for 10 years in the other state. Defendant then moves to Texas during that 10 year period. Art. 62.021(c) says the duty to register expires as if the person remained in the other state. Probation is being told that if the elements are substantially similar to an offense that would require registration for life under Texas law then we can require them to register for life. | ||
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Sounds as though the person committed a "sexually violent offense" as defined in 62.01(6)(E). Thus, under 62.12(a) [HB 1118] or (a)(1) [SB 1380] his duty to register in Texas does not end until he dies and he remains subject to prosecution under 62.10(a), (b)(2). 62.021(c) applies only to those offenders who committed offenses not "containing elements that are substantially similar to" a Texas reportable conviction. He may want to consider moving out of Texas. | |||
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