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.