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(a) This chapter applies only to a reportable conviction or adjudication occurring on or after September 1, 1970.(b) Except as provided by Subsection (c), the duties imposed on a person required to register under this chapter on the basis of a reportable conviction or adjudication, and the corresponding duties and powers of other entities in relation to the person required to register on the basis of that conviction or adjudication, are not affected by:(1) an appeal of the conviction or adjudication; or(2) a pardon of the conviction or adjudication.(c) If a conviction or adjudication that is the basis of a duty to register under this chapter is set aside on appeal by a court or if the person required to register under this chapter on the basis of a conviction or adjudication receives a pardon on the basis of subsequent proof of innocence, the duties imposed on the person by this chapter and the corresponding duties and powers of other entities in relation to the person are terminated.
(a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state.(b) The department annually shall provide or make available to each prosecuting attorney's office in this state:(1) the criteria used in making a determination under Subsection (a); and(2) any existing record or compilation of offenses under the laws of another state, federal law, the laws of a foreign country, and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.(c) An appeal of a determination made under this article shall be brought in a district court in Travis County.
DETERMINATION REGARDING SUBSTANTIALLY SIMILAR ELEMENTS OF OFFENSE.
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