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.