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.