By Shapiro S.B. No. 82
74R2002 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an affirmative finding of sexual motivation and to the
1-3 eligibility for deferred adjudication of defendants charged with
1-4 certain sexual and assaultive offenses against or involving
1-5 children.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-8 amended by adding Article 42.015 to read as follows:
1-9 Art. 42.015. FINDING OF SEXUAL MOTIVATION. In the trial of
1-10 an offense, the court shall make an affirmative finding of fact and
1-11 enter the affirmative finding in the judgment in the case if the
1-12 court determines that the defendant committed the offense with an
1-13 intent to arouse or gratify the sexual desire of:
1-14 (1) the defendant, if at the time of the offense the
1-15 object of the desire was a person younger than 17 years of age; or
1-16 (2) any person who at the time of the offense was
1-17 younger than 17 years of age.
1-18 SECTION 2. Article 42.01, Code of Criminal Procedure, is
1-19 amended by adding Section 7 to read as follows:
1-20 Sec. 7. In addition to the information described by Section
1-21 1, the judgment should reflect affirmative findings entered
1-22 pursuant to Article 42.015.
1-23 SECTION 3. Section 5(d), Article 42.12, Code of Criminal
1-24 Procedure, is amended to read as follows:
2-1 (d) In all other cases the judge may grant deferred
2-2 adjudication unless the defendant is charged with an offense:
2-3 (1) under Section 43.25, 43.26, 49.04, 49.05, 49.06,
2-4 49.07, or 49.08, Penal Code;
2-5 (2) under Section 21.08, 21.11, 22.011, 22.021, or
2-6 25.02, Penal Code, if the victim of the alleged offense is younger
2-7 than 17 years of age at the time of the alleged commission of the
2-8 offense; or
2-9 (3) for which the attorney representing the state has
2-10 announced an intention to seek an affirmative finding under Article
2-11 42.015.
2-12 SECTION 4. (a) The change in law made by this Act applies
2-13 only to a defendant charged with an offense committed on or after
2-14 the effective date of this Act. For purposes of this section, an
2-15 offense is committed before the effective date of this Act if any
2-16 element of the offense occurs before the effective date.
2-17 (b) A defendant charged with an offense committed before the
2-18 effective date of this Act is covered by the law in effect when the
2-19 offense was committed, and the former law is continued in effect
2-20 for that purpose.
2-21 SECTION 5. This Act takes effect September 1, 1995.
2-22 SECTION 6. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.