By Goodman H.B. No. 2440
76R4379 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of certain sexual offenses and to the
1-3 registration of certain juvenile offenders under the sex offender
1-4 registration program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.011(e), Penal Code, is amended to read
1-7 as follows:
1-8 (e) It is an affirmative defense to prosecution under
1-9 Subsection (a)(2) that:
1-10 (1) the actor was not more than three years older than
1-11 the victim, and the victim was a child of 14 years of age or older;
1-12 or
1-13 (2) the actor was younger than 16 years of age and was
1-14 not more than two years older than the victim.
1-15 SECTION 2. Section 22.021, Penal Code, is amended by adding
1-16 Subsection (f) to read as follows:
1-17 (f) It is an affirmative defense to prosecution under
1-18 Subsection (a)(2)(B) that the actor was younger than 16 years of
1-19 age and was not more than two years older than the victim.
1-20 SECTION 3. Chapter 62, Code of Criminal Procedure, as added
1-21 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-22 1997, is amended by adding Article 62.13 to read as follows:
1-23 Art. 62.13. EXEMPTION FOR CERTAIN REPORTABLE ADJUDICATIONS.
1-24 (a) A person with a reportable adjudication for an offense
2-1 committed when the person was younger than 14 years of age may
2-2 petition the district court in the county of adjudication for an
2-3 order exempting the person from the registration requirements
2-4 imposed under this chapter.
2-5 (b) On the filing of a petition under Subsection (a), the
2-6 court shall hold a hearing to determine if good cause exists to
2-7 exempt the petitioner from the registration requirements imposed
2-8 under this chapter. In determining if good cause exists, the court
2-9 may consider:
2-10 (1) the nature of the conduct on which the
2-11 adjudication is based;
2-12 (2) any victim impact statements;
2-13 (3) the opinion of the prosecuting attorney;
2-14 (4) the prospects of adequate protection of the
2-15 public;
2-16 (5) the likelihood of the rehabilitation of the
2-17 petitioner;
2-18 (6) the likelihood that the petitioner will engage in
2-19 the same or similar conduct; and
2-20 (7) any information obtained from psychological
2-21 testing of the petitioner or testing or treatment of the petitioner
2-22 provided by a registered sex offender treatment provider.
2-23 (c) The petitioner has the burden of establishing good cause
2-24 for an exemption under this section.
2-25 SECTION 4. (a) The change in law made by Sections 1 and 2
2-26 of this Act applies only to an offense committed on or after the
2-27 effective date of this Act. An offense committed before the
3-1 effective date of this Act is covered by the law in effect when
3-2 the offense was committed, and the former law is continued in
3-3 effect for that purpose. For purposes of this section, an offense
3-4 was committed before the effective date of this Act if any element
3-5 of the offense occurred before that date.
3-6 (b) The change in law made by Section 3 of this Act applies
3-7 to a person with a reportable adjudication on or after the
3-8 effective date of this Act without regard to whether the
3-9 adjudication occurred before, on, or after that date.
3-10 SECTION 5. This Act takes effect September 1, 1999.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.