observing that the Texas sex offender registration statute categorizes a conviction from another state as a “reportable conviction” when the offense as defined by that other state “contain[s] elements that are substantially similar to elements” of certain Texas offenses
How later courts described this case
- observing that the Texas sex offender registration statute categorizes a conviction from another state as a “reportable conviction” when the offense as defined by that other state “contain[s] elements that are substantially similar to elements” of certain Texas offenses
- distinguishing the factfinding duties of a jury from the law-giving duties of a judge
- stating elements of offense of failure to comply with registration requirements
- “Those who wish to contest DPS’s determination that they must register under Chapter 62 may do so in Travis County district court.”
Written by the judges who cited it.
The opinion
HERVEY, J.,
filed a concurring opinion.
I join the majority opinion, but I write separately to stress one salient point, one driven home to us, or should be, every day. It is not our job to legislate from the bench. We have a branch of government charged with this responsibility, and the *835 Legislature has spoken — DPS is the proper authority for regulating whether an extra-jurisdietional conviction or adjudication triggers a person’s duty to register. See Tex.Code Crim. Proc. art. 62.001(1), 62.003.