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Texas Supreme Court to hear sex offender law challenge
Legal Focuses | 2018/10/06 17:37

The Texas Supreme Court will consider a challenge to the state's retroactive sex offender laws that some say unfairly stack new punishments on those convicted in plea deals.

More than 2,800 sex offenders remain on the Texas registry despite being no longer required to register under terms of their probation, according to an Austin-American Statesman analysis of the list.

Every qualifying sex offender was ordered onto the registry in 2005 after Texas expanded its sex offense laws. But that included some defendants who were promised in deals with prosecutors that they wouldn't have to be on the list after a certain amount of time.

Donnie Miller struck a deal with Travis County prosecutors after he was charged with sexual assault against a woman outside an Austin gentleman's club in 1993. A jury couldn't agree on a verdict at his trial, forcing Miller to face a second trial and more than $20,000 in legal fees.

He made a deal with prosecutors to plead guilty and in exchange, his record would be cleaned if he stayed out of trouble for 10 years. But Miller received a call a year after successfully completing his probation telling him that Texas had changed the rules and that he'd be on the sex offender registry for life, contrary to the terms of his plea deal.



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