HBA-SEB H.B. 2440 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2440 By: Goodman Juvenile Justice and Family Issues 4/16/1999 Introduced BACKGROUND AND PURPOSE Under current law, it is an affirmative defense for prosecution for consensual sexual contact between juveniles that the actor is not more than three years older than the victim. Because the age difference in juveniles is profound, two years of age difference may be a more appropriate affirmative defense. H.B. 2440 establishes that it is an affirmative defense for a charge of sexual assault or aggravated sexual assault if the actor was younger than 16 years of age and was not more than two years older than the victim, if the victim was 14 years of age or younger. This bill also authorizes a person convicted of such an offense to petition a court for exemption from registration as a sex offender if the person was younger than 14 years of age at the time of committing the offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.011(e), Penal Code, to provide that it is an affirmative defense to prosecution for sexual assault of a child that the actor was younger than 16 years of age and was not more than two years older than the victim if the victim was 14 years of age or younger. SECTION 2. Amends Section 22.021, Penal Code, by adding Subsection (f), as follows: (f) Provides that it is an affirmative defense to prosecution for aggravated sexual assault that the actor was younger than 16 years of age and was not more than two years older than the victim if the victim was 14 years of age or younger. SECTION 3. Amends Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding Article 62.13, as follows: Art. 62.13. EXEMPTION FOR CERTAIN REPORTABLE ADJUDICATIONS. (a) Authorizes a person to petition the district court in the county of adjudication for an order exempting the person from sex offender registration requirements if the person has a reportable adjudication for an offense committed when the person was younger than 14 years of age. (b) Requires the court, on filing of such a petition, to hold a hearing to determine if good cause exists to exempt the practitioner from the registration requirements. Authorizes the court to consider the nature of the conduct on which the adjudication is based, any victim impact statements, the opinion of the prosecuting attorney, the prospects of adequate protection of the public, the likelihood of the rehabilitation of the petitioner, the likelihood that the petitioner will engage in the same or similar conduct, and any information obtained from psychological testing of the petitioner or treatment of the petitioner provided by a registered sex offender treatment provider. (c) Provides that the petitioner has the burden of establishing good cause for an exemption. SECTION 4. (a) Makes application of SECTIONS 1 and 2 of this Act prospective. (b) Provides that the change in law made by SECTION 3 of this Act applies to a person with a reportable adjudication on or after the effective date of this Act without regard to whether the adjudication occurred before, on, or after that date. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.