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