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