By Deshotel                                           H.B. No. 2987
         77R9322 KEL-D                           
                                A BILL TO BE ENTITLED
 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, or 43.25, Penal
1-14     Code, the judge shall make an affirmative finding of fact and enter
1-15     the affirmative finding in the judgment in the case if the judge
1-16     determines that:
1-17                 (1)  at the time of the offense, the defendant was
1-18     younger than 20 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, or 43.25, Penal Code, the judge shall make an affirmative
 2-4     finding of fact and file a statement of that affirmative finding
 2-5     with the papers in the case if the judge determines that:
 2-6                 (1)  at the time of the offense, the defendant was
 2-7     younger than 20 years of age and the victim or intended victim was
 2-8     at least 13 years of age; and
 2-9                 (2)  the charge to which the plea is entered under this
2-10     section is based solely on the ages of the defendant and the victim
2-11     or intended victim at the time of the offense.
2-12           SECTION 4.  Chapter 62, Code of Criminal Procedure, is
2-13     amended by adding Article 62.0105 to read as follows:
2-14           Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
2-15     OFFENDERS.  (a)  If eligible under Subsection (b) or (c), a person
2-16     required to register under this chapter may petition the court
2-17     having jurisdiction over the case at any time after the person's
2-18     sentencing or disposition hearing for an order exempting the person
2-19     from registration under this chapter.
2-20           (b)  A person is eligible to petition the court as described
2-21     by Subsection (a) if:
2-22                 (1)  the person is required to register only as a
2-23     result of a single reportable conviction or adjudication; and
2-24                 (2)  the court has entered in the appropriate judgment
2-25     or order, or has filed with the appropriate papers a statement of
2-26     an affirmative finding described by Article 42.017 or Section 5(g),
2-27     Article 42.12, or described by Section 54.04(t), Family Code.
 3-1           (c)  A defendant who before September 1, 2001, is convicted
 3-2     of or placed on deferred adjudication community supervision for an
 3-3     offense under Section 21.11, 22.011, or 43.25, Penal Code, or a
 3-4     child who before that date is adjudicated delinquent for conduct
 3-5     constituting an offense under one of those sections, is eligible to
 3-6     petition the court as described by Subsection (a).  The court may
 3-7     consider the petition only if the petition states and the court
 3-8     finds that the defendant or child, as appropriate, would have been
 3-9     entitled to the entry of an affirmative finding under Article
3-10     42.017 or Section 5(g), Article 42.12, or under Section 54.04(t),
3-11     Family Code, as appropriate, had the conviction or adjudication
3-12     occurred after September 1, 2001.
3-13           (d)  After a hearing on the petition described by Subsection
3-14     (a), the court may issue an order exempting the person from
3-15     registration under this chapter if it appears by a preponderance of
3-16     the evidence, as presented by a registered sex offender treatment
3-17     provider, that the exemption does not threaten public safety.  An
3-18     order exempting the person from registration under this chapter
3-19     does not expire, but the court shall withdraw the order if after
3-20     the order is issued the person receives a reportable conviction or
3-21     adjudication under this chapter.
3-22           SECTION 5.  Section 54.04, Family Code, is amended by adding
3-23     Subsection (t) to read as follows:
3-24           (t)  If the judge orders a disposition under this section,
3-25     the judge shall enter in the order any affirmative finding that:
3-26                 (1)  at the time of the conduct, the child was younger
3-27     than 20 years of age and the victim or intended victim was at least
 4-1     13 years of age; and
 4-2                 (2)  the adjudication is based solely on the ages of
 4-3     the child and the victim or intended victim at the time of the
 4-4     conduct.
 4-5           SECTION 6.  The change in law made by this Act applies to any
 4-6     person for whom a duty to register as a sex offender under Chapter
 4-7     62, Code of Criminal Procedure, or under former Article 6252-13c.1,
 4-8     Revised Statutes, has not expired before the effective date of this
 4-9     Act.
4-10           SECTION 7.  This Act takes effect September 1, 2001.