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.