Texas Refuses to Participate in National Sex Offender Registry

Posted By Law Offices of Jeffrey C. Grass || 8-Oct-2012

Six years ago the federal government passed the Adam Walsh Child Protection and Safety Act with the goal of establishing a national sex offender registry to keep track of registered sex offenders. The idea behind the law was to make it more difficult for individuals who had to register as offenders to evade registration requirements by moving to another state.

The law, which required most states to overhaul their existing registry systems, was originally set to go into effect in 2009. An extension was granted until July of 2011.

This month, Texas and four other states announced they had no intention of complying with the law.

The problem, according to Texas legislators is the cost. Not only would the law require the state to change the way they tracked their existing caseload of over 70,000 individuals, but the law would also require the state to add to that list. The federal law would force certain individuals who are currently not required to register under state law to register under the federal law. All of this would cost the state an estimated $38 million.

Although there are repercussions for the state, lawmakers are happy to have them. Texas will lose $1.4 in federal grant money for law enforcement as a result of their refusal to comply, but that is a happy trade off when compared to the hefty price tag.

Money isn't the only issue. There are other problems with the federal law as well. The federal law would have forced juveniles 14-years-old and older who had convictions for aggravated sexual assault to be placed on the national registry for 25 years. The national law would also eliminate any delineation between offenders when considering the likelihood of reoffending.

Texas thinks the delineation is important. An individual who was compelled to register because of consensual sex with an underage person should not be treated the same as individuals convicted of more violent sex crimes.

One message that lawmakers do want to drive home is that although Texas has bowed out of the federal law, this doesn't mean that the state is soft on sex crimes. The penalties for sex crime convictions are still tough. Texas just doesn't want to be pushed around.

Our law firm regularly represents individuals charged with all matter of sex crimes. For more information on our practice, please visit our sex crimes defense page.

Source: www.nydailynews.com, "Texas one of five states to shun national sex offender registry," Associated Press, 8 October 2012