SRC-BWC H.B. 2987 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2987
77R10538 KEL-DBy: Deshotel (Van de Putte)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

The sex offender registration program has been expanded over the past few
sessions of the Texas legislature, with additional offenses added to the
list of offenses that require registration.  Until the last legislative
session, judges could exempt a defendant from registration after a hearing
was held on the need for registration.  In the last session, the
legislature removed the discretionary power of judges and made all sex
offender registration mandatory.  This approach requires all defendants to
register and comply with the public notice requirements, even youthful
adult offenders that participated in consensual sex that would not be an
offense except for the age of the participants.  Under current Texas law,
if a person has sex with a person younger than 17 years of age that person
has committed an offense that requires registration if convicted. Cases
like this may meet the requirements for an offense that would require
registration, but it has been argued that persons involved in consensual
sex are not offenders who should require registration as sex offenders.
H.B. 2987 returns discretionary power to judges in such cases.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.01, Code of Criminal Procedure, by adding
Section 8 to provide that in addition to the information described by
Section 1, the judgment should reflect affirmative findings entered
pursuant to Article 42.017. 

SECTION 2.  Amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.017, as follows: 

Art. 42.017.  FINDING REGARDING AGE-BASED OFFENSE.  Requires the judge, in
the trial of an offense under Section 21.11, 22.011, 22.021, or 43.25,
Penal Code, to make an affirmative finding of fact and enter the
affirmative finding in the judgment in the case under certain
circumstances. 

SECTION 3.  Amends Section 5, Article 42.12, Code of Criminal Procedure, by
adding Subsection (g) to require a judge, if the judge places on community
supervision under this section a defendant charged with an offense under
Section 21.11, 22.011, 22.021, or 43.25, Penal Code, to make an affirmative
finding of fact and file a statement of that affirmative finding with the
papers in the case if the judge makes certain determinations. 

SECTION 4.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.0105, as follows: 

Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX OFFENDERS.  (a)
Authorizes a person required to register under this chapter, if eligible
under Subsection (b) or (c), to petition the court having jurisdiction over
the case for an order exempting the person from registration under this
chapter at any time after the person's sentencing or disposition hearing or
after the person is placed on deferred adjudication community supervision. 

(b)  Provides that a person is eligible to petition the court as described
by Subsection (a) under certain circumstances. 
 
 (c)  Provides that a defendant who before September 1, 2001, is convicted
of or placed on deferred adjudication community supervision for an offense
under Section 21.11, 22.011, 22.021, or 43.25, Penal Code, or a child who
before that date is adjudicated delinquent for conduct constituting an
offense under one of those sections, is eligible to petition the court as
described by Subsection (a).  Authorizes the court to consider the petition
only if the petition states and the court finds that the defendant or
child, as appropriate, would have been entitled to the entry of an
affirmative finding under Article 42.017 or Section 5(g), Article 42.12, or
under Section 54.04(t), Family Code, as appropriate, had the conviction or
adjudication occurred after September 1, 2001. 

 (d)  Authorizes the court, after a hearing on the petition described by
Subsection (a), to issue an order exempting the person from registration
under this chapter under certain circumstances.  

 (e)  Provides that an order exempting the person from registration under
this chapter does not expire, but the court is required to withdraw the
order if after the order is issued the person receives a reportable
conviction or adjudication under this chapter. 

SECTION 5.  Amends Section 54.04, Family Code, by adding Subsection (t) to
require a judge, if the judge orders a disposition under this section, to
enter in the order any affirmative finding that at the time of the conduct,
the child was younger than 19 years of age and the victim or intended
victim was at least 13 years of age, and the adjudication is based solely
on the ages of the child and the victim or intended victim at the time of
the conduct. 

SECTION 6.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.0105, as follows: 

Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX OFFENDERS. (a)
Authorizes a person required to register under this chapter, if eligible
under Subsection (b) or (c), to petition the court having jurisdiction over
the case for an order exempting the person from registration under this
chapter at any time after the person's sentencing or after the person is
placed on deferred adjudication community supervision. 

(b)  Provides that a person is eligible to petition the court as described
by Subsection (a) under certain circumstances. 
 
 (c)  Provides that a defendant who before September 1, 2001, is convicted
of or placed on deferred adjudication community supervision for an offense
under Section 21.11, 22.011, 22.021, or 43.25, Penal Code, is eligible to
petition the court as described by Subsection (a).  Authorizes the court to
consider the petition only if the petition states and the court finds that
the defendant would have been entitled to the entry of an affirmative
finding under Article 42.017 or Section 5(g), Article 42.12, as
appropriate, had the conviction or placement on deferred adjudication
community supervision occurred after September 1, 2001. 

 (d)  Authorizes the court, after a hearing on the petition described by
Subsection (a), to  issue an order exempting the person from registration
under this chapter if it appears by a preponderance of the evidence: as
presented by a registered sex offender treatment provider, that the
exemption does not threaten public safety; and that the person's conduct
did not occur without the consent of the victim or intended victim as
described by Section 22.011(b), Penal Code. 

 (e)  Provides that an order exempting the person from registration under
this chapter does not expire, but the court is required to withdraw the
order if after the order is issued the person receives a reportable
conviction or adjudication under this chapter. 

SECTION 7.  Provides that the change in law made by this Act applies to any
person for whom a duty to register as a sex offender has not expired before
the effective date of this Act. 

SECTION 8.  Effective date:  September 1, 2001, except as provided by
Subsections (b) and (c) of this section: 

(b)  Provides that Sections 4 and 5 of this Act take effect September 1,
2001, but only if the change in law proposed by H.B. No. 1118, 77th
Legislature, Regular Session, 2001, adding Article 62.13 to the Code of
Criminal Procedure, does not take effect on or before that date. If H.B.
No. 1118 does take effect on or before  September 1, 2001, Sections 4 and 5
have no effect. 

(c)  Provides that Section 6 of this Act takes effect September 1, 2001,
but only if the change in law proposed by H.B. No. 1118, 77th Legislature,
Regular Session, 2001, adding Article 62.13 to the Code of Criminal
Procedure, takes effect on or before that date.  If H.B. No. 1118 does not
take effect on or before September 1, 2001, Section 6 has no effect.