By Lewis of Tarrant H.B. No. 2480 77R7140 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an exemption from registration for certain sex 1-3 offenders. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 62, Code of Criminal Procedure, is amended 1-6 by adding Article 62.0105 to read as follows: 1-7 Art. 62.0105. EXEMPTION FROM REGISTRATION FOR CERTAIN SEX 1-8 OFFENDERS. (a) On conviction of or adjudication for an offense or 1-9 conduct requiring registration under this chapter, the court may 1-10 exempt the defendant or child on the motion of the attorney 1-11 representing the state. 1-12 (b) A person required to register under this chapter may 1-13 petition the court having jurisdiction over the case at any time 1-14 after the person's sentencing or disposition hearing for an order 1-15 exempting the person from registration under this chapter. 1-16 (c) After receiving a petition described by Subsection (b), 1-17 the court shall hold a hearing on whether to exempt the petitioner 1-18 from registration under this chapter. Both the attorney 1-19 representing the state and an attorney for the petitioner may 1-20 appear at the hearing, and the court may take testimony from any 1-21 person the court determines may assist the court in making a 1-22 finding under this subsection, including a registered sex offender 1-23 treatment provider. The court may issue an order exempting the 1-24 person from registration under this chapter if the court finds by a 2-1 preponderance of the evidence that the exemption does not threaten 2-2 public safety. Either party may appeal the court's decision under 2-3 this subsection. 2-4 (d) An order exempting the person from registration under 2-5 this chapter does not expire, but the court shall withdraw the 2-6 order if after the order is issued the person receives a reportable 2-7 conviction or adjudication under this chapter or the court finds at 2-8 a hearing that the person is not complying with any treatment 2-9 program required as a condition of release from confinement. 2-10 SECTION 2. This Act takes effect September 1, 2001, and 2-11 applies to any person required to register as a sex offender under 2-12 Chapter 62, Code of Criminal Procedure, as amended by this Act, 2-13 regardless of whether the person's duty to register began before, 2-14 on, or after that date.