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.