1-1                                   AN ACT
 1-2     relating to an exemption from sex offender registration for certain
 1-3     juvenile and adult offenders.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 42.01, Code of Criminal Procedure, is
 1-6     amended by adding Section 8 to read as follows:
 1-7           Sec. 8.  In addition to the information described by Section
 1-8     1, the judgment should reflect affirmative findings entered
 1-9     pursuant to Article 42.017.
1-10           SECTION 2.  Chapter 42, Code of Criminal Procedure, is
1-11     amended by adding Article 42.017 to read as follows:
1-12           Art. 42.017.  FINDING REGARDING AGE-BASED OFFENSE.  In the
1-13     trial of an offense under Section 21.11, 22.011, 22.021, or 43.25,
1-14     Penal Code, the judge shall make an affirmative finding of fact and
1-15     enter the affirmative finding in the judgment in the case if the
1-16     judge determines that:
1-17                 (1)  at the time of the offense, the defendant was
1-18     younger than 19 years of age and the victim was at least 13 years
1-19     of age; and
1-20                 (2)  the conviction is based solely on the ages of the
1-21     defendant and the victim or intended victim at the time of the
1-22     offense.
1-23           SECTION 3.  Section 5, Article 42.12, Code of Criminal
1-24     Procedure, is amended by adding Subsection (g) to read as follows:
 2-1           (g)  If a judge places on community supervision under this
 2-2     section a defendant charged with an offense under Section 21.11,
 2-3     22.011, 22.021, or 43.25, Penal Code, the judge shall make an
 2-4     affirmative finding of fact and file a statement of that
 2-5     affirmative finding with the papers in the case if the judge
 2-6     determines that:
 2-7                 (1)  at the time of the offense, the defendant was
 2-8     younger than 19 years of age and the victim or intended victim was
 2-9     at least 13 years of age; and
2-10                 (2)  the charge to which the plea is entered under this
2-11     section is based solely on the ages of the defendant and the victim
2-12     or intended victim at the time of the offense.
2-13           SECTION 4.  Chapter 62, Code of Criminal Procedure, is
2-14     amended by adding Article 62.0105 to read as follows:
2-15           Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
2-16     OFFENDERS.  (a)  If eligible under Subsection (b) or (c), a person
2-17     required to register under this chapter may petition the court
2-18     having jurisdiction over the case for an order exempting the person
2-19     from registration under this chapter at any time after the person's
2-20     sentencing or disposition hearing or after the person is placed on
2-21     deferred adjudication community supervision.
2-22           (b)  A person is eligible to petition the court as described
2-23     by Subsection (a) if:
2-24                 (1)  the person is required to register only as a
2-25     result of a single reportable conviction or adjudication; and
2-26                 (2)  the court has entered in the appropriate judgment
2-27     or order, or has filed with the appropriate papers a statement of
 3-1     an affirmative finding described by Article 42.017 or Section 5(g),
 3-2     Article 42.12, or described by Section 54.04(t), Family Code.
 3-3           (c)  A defendant who before September 1, 2001, is convicted
 3-4     of or placed on deferred adjudication community supervision for an
 3-5     offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
 3-6     or a child who before that date is adjudicated delinquent for
 3-7     conduct constituting an offense under one of those sections, is
 3-8     eligible to petition the court as described by Subsection (a).  The
 3-9     court may consider the petition only if the petition states and the
3-10     court finds that the defendant or child, as appropriate, would have
3-11     been entitled to the entry of an affirmative finding under Article
3-12     42.017 or Section 5(g), Article 42.12, or under Section 54.04(t),
3-13     Family Code, as appropriate, had the conviction or adjudication
3-14     occurred after September 1, 2001.
3-15           (d)  After a hearing on the petition described by Subsection
3-16     (a), the court may issue an order exempting the person from
3-17     registration under this chapter if it appears by a preponderance of
3-18     the evidence:
3-19                 (1)  as presented by a registered sex offender
3-20     treatment provider, that the exemption does not threaten public
3-21     safety; and
3-22                 (2)  that the person's conduct did not occur without
3-23     the consent of the victim or intended victim as described by
3-24     Section 22.011(b), Penal Code.
3-25           (e)  An order exempting the person from registration under
3-26     this chapter does not expire, but the court shall withdraw the
3-27     order if after the order is issued the person receives a reportable
 4-1     conviction or adjudication under this chapter.
 4-2           SECTION 5.  Section 54.04, Family Code, is amended by adding
 4-3     Subsection (t) to read as follows:
 4-4           (t)  If the judge orders a disposition under this section,
 4-5     the judge shall enter in the order any affirmative finding that:
 4-6                 (1)  at the time of the conduct, the child was younger
 4-7     than 19 years of age and the victim or intended victim was at least
 4-8     13 years of age; and
 4-9                 (2)  the adjudication is based solely on the ages of
4-10     the child and the victim or intended victim at the time of the
4-11     conduct.
4-12           SECTION 6. Chapter 62, Code of Criminal Procedure, is amended
4-13     by adding Article 62.0105 to read as follows:
4-14           Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
4-15     OFFENDERS. (a)  If eligible under Subsection (b) or (c), a person
4-16     required to register under this chapter may petition the court
4-17     having jurisdiction over the case for an order exempting the person
4-18     from registration under this chapter at any time after the person's
4-19     sentencing or after the person is placed on deferred adjudication
4-20     community supervision.
4-21           (b)  A person is eligible to petition the court as described
4-22     by Subsection (a) if:
4-23                 (1)  the person is required to register only as a
4-24     result of a single reportable conviction or adjudication, other
4-25     than an adjudication of delinquent conduct; and
4-26                 (2)  the court has entered in the appropriate judgment
4-27     or has filed with the appropriate papers a statement of an
 5-1     affirmative finding described by Article 42.017 or Section 5(g),
 5-2     Article 42.12.
 5-3           (c)  A defendant who before September 1, 2001, is convicted
 5-4     of or placed on deferred adjudication community supervision for an
 5-5     offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
 5-6     is eligible to petition the court as described by Subsection (a).
 5-7     The court may consider the petition only if the petition states and
 5-8     the court finds that the defendant would have been entitled to the
 5-9     entry of an affirmative finding under Article 42.017 or Section
5-10     5(g), Article 42.12, as appropriate, had the conviction or
5-11     placement on deferred adjudication community supervision occurred
5-12     after September 1, 2001.
5-13           (d)  After a hearing on the petition described by Subsection
5-14     (a), the court may issue an order exempting the person from
5-15     registration under this chapter if it appears by a preponderance of
5-16     the evidence:
5-17                 (1)  as presented by a registered sex offender
5-18     treatment provider, that the exemption does not threaten public
5-19     safety; and
5-20                 (2)  that the person's conduct did not occur without
5-21     the consent of the victim or intended victim as described by
5-22     Section 22.011(b), Penal Code.
5-23           (e)  An order exempting the person from registration under
5-24     this chapter does not expire, but the court shall withdraw the
5-25     order if after the order is issued the person receives a reportable
5-26     conviction or adjudication under this chapter.
5-27           SECTION 7.  The change in law made by this Act applies to any
 6-1     person for whom a duty to register as a sex offender under Chapter
 6-2     62, Code of Criminal Procedure, or under former Article 6252-13c.1,
 6-3     Revised Statutes, has not expired before the effective date of this
 6-4     Act.
 6-5           SECTION 8.  (a)  Except as provided by Subsections (b) and
 6-6     (c) of this section, this Act takes effect September 1, 2001.
 6-7           (b)  Sections 4 and 5 of this Act take effect September 1,
 6-8     2001, but only if the change in law proposed by H.B. No. 1118, 77th
 6-9     Legislature, Regular Session, 2001, adding Article 62.13 to the
6-10     Code of Criminal Procedure, does not take effect on or before that
6-11     date.  If H.B. No. 1118 does take effect on or before  September 1,
6-12     2001, Sections 4 and 5 have no effect.
6-13           (c)  Section 6 of this Act takes effect September 1, 2001,
6-14     but only if the change in law proposed by H.B. No. 1118, 77th
6-15     Legislature, Regular Session, 2001, adding Article 62.13 to the
6-16     Code of Criminal Procedure, takes effect on or before that date.
6-17     If H.B. No. 1118 does not take effect on or before September 1,
6-18     2001, Section 6 has no effect.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2987 was passed by the House on May
         2, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2987 was passed by the Senate on May
         22, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor