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.