1-1     By:  Deshotel, et al. (Senate Sponsor-Van de Putte)   H.B. No. 2987
 1-2           (In the Senate - Received from the House May 3, 2001;
 1-3     May 4, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 1; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to an exemption from sex offender registration for certain
 1-9     juvenile and adult offenders.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Article 42.01, Code of Criminal Procedure, is
1-12     amended by adding Section 8 to read as follows:
1-13           Sec. 8.  In addition to the information described by Section
1-14     1, the judgment should reflect affirmative findings entered
1-15     pursuant to Article 42.017.
1-16           SECTION 2.  Chapter 42, Code of Criminal Procedure, is
1-17     amended by adding Article 42.017 to read as follows:
1-18           Art. 42.017.  FINDING REGARDING AGE-BASED OFFENSE.  In the
1-19     trial of an offense under Section 21.11, 22.011, 22.021, or 43.25,
1-20     Penal Code, the judge shall make an affirmative finding of fact and
1-21     enter the affirmative finding in the judgment in the case if the
1-22     judge determines that:
1-23                 (1)  at the time of the offense, the defendant was
1-24     younger than 19 years of age and the victim was at least 13 years
1-25     of age; and
1-26                 (2)  the conviction is based solely on the ages of the
1-27     defendant and the victim or intended victim at the time of the
1-28     offense.
1-29           SECTION 3.  Section 5, Article 42.12, Code of Criminal
1-30     Procedure, is amended by adding Subsection (g) to read as follows:
1-31           (g)  If a judge places on community supervision under this
1-32     section a defendant charged with an offense under Section 21.11,
1-33     22.011, 22.021, or 43.25, Penal Code, the judge shall make an
1-34     affirmative finding of fact and file a statement of that
1-35     affirmative finding with the papers in the case if the judge
1-36     determines that:
1-37                 (1)  at the time of the offense, the defendant was
1-38     younger than 19 years of age and the victim or intended victim was
1-39     at least 13 years of age; and
1-40                 (2)  the charge to which the plea is entered under this
1-41     section is based solely on the ages of the defendant and the victim
1-42     or intended victim at the time of the offense.
1-43           SECTION 4.  Chapter 62, Code of Criminal Procedure, is
1-44     amended by adding Article 62.0105 to read as follows:
1-45           Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
1-46     OFFENDERS.  (a)  If eligible under Subsection (b) or (c), a person
1-47     required to register under this chapter may petition the court
1-48     having jurisdiction over the case for an order exempting the person
1-49     from registration under this chapter at any time after the person's
1-50     sentencing or disposition hearing or after the person is placed on
1-51     deferred adjudication community supervision.
1-52           (b)  A person is eligible to petition the court as described
1-53     by Subsection (a) if:
1-54                 (1)  the person is required to register only as a
1-55     result of a single reportable conviction or adjudication; and
1-56                 (2)  the court has entered in the appropriate judgment
1-57     or order, or has filed with the appropriate papers a statement of
1-58     an affirmative finding described by Article 42.017 or Section 5(g),
1-59     Article 42.12, or described by Section 54.04(t), Family Code.
1-60           (c)  A defendant who before September 1, 2001, is convicted
1-61     of or placed on deferred adjudication community supervision for an
1-62     offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
1-63     or a child who before that date is adjudicated delinquent for
1-64     conduct constituting an offense under one of those sections, is
 2-1     eligible to petition the court as described by Subsection (a).  The
 2-2     court may consider the petition only if the petition states and the
 2-3     court finds that the defendant or child, as appropriate, would have
 2-4     been entitled to the entry of an affirmative finding under Article
 2-5     42.017 or Section 5(g), Article 42.12, or under Section 54.04(t),
 2-6     Family Code, as appropriate, had the conviction or adjudication
 2-7     occurred after September 1, 2001.
 2-8           (d)  After a hearing on the petition described by Subsection
 2-9     (a), the court may issue an order exempting the person from
2-10     registration under this chapter if it appears by a preponderance of
2-11     the evidence:
2-12                 (1)  as presented by a registered sex offender
2-13     treatment provider, that the exemption does not threaten public
2-14     safety; and
2-15                 (2)  that the person's conduct did not occur without
2-16     the consent of the victim or intended victim as described by
2-17     Section 22.011(b), Penal Code.
2-18           (e)  An order exempting the person from registration under
2-19     this chapter does not expire, but the court shall withdraw the
2-20     order if after the order is issued the person receives a reportable
2-21     conviction or adjudication under this chapter.
2-22           SECTION 5.  Section 54.04, Family Code, is amended by adding
2-23     Subsection (t) to read as follows:
2-24           (t)  If the judge orders a disposition under this section,
2-25     the judge shall enter in the order any affirmative finding that:
2-26                 (1)  at the time of the conduct, the child was younger
2-27     than 19 years of age and the victim or intended victim was at least
2-28     13 years of age; and
2-29                 (2)  the adjudication is based solely on the ages of
2-30     the child and the victim or intended victim at the time of the
2-31     conduct.
2-32           SECTION 6. Chapter 62, Code of Criminal Procedure, is amended
2-33     by adding Article 62.0105 to read as follows:
2-34           Art. 62.0105.  EXEMPTION FROM REGISTRATION FOR CERTAIN SEX
2-35     OFFENDERS. (a)  If eligible under Subsection (b) or (c), a person
2-36     required to register under this chapter may petition the court
2-37     having jurisdiction over the case for an order exempting the person
2-38     from registration under this chapter at any time after the person's
2-39     sentencing or after the person is placed on deferred adjudication
2-40     community supervision.
2-41           (b)  A person is eligible to petition the court as described
2-42     by Subsection (a) if:
2-43                 (1)  the person is required to register only as a
2-44     result of a single reportable conviction or adjudication, other
2-45     than an adjudication of delinquent conduct; and
2-46                 (2)  the court has entered in the appropriate judgment
2-47     or has filed with the appropriate papers a statement of an
2-48     affirmative finding described by Article 42.017 or Section 5(g),
2-49     Article 42.12.
2-50           (c)  A defendant who before September 1, 2001, is convicted
2-51     of or placed on deferred adjudication community supervision for an
2-52     offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code,
2-53     is eligible to petition the court as described by Subsection (a).
2-54     The court may consider the petition only if the petition states and
2-55     the court finds that the defendant would have been entitled to the
2-56     entry of an affirmative finding under Article 42.017 or Section
2-57     5(g), Article 42.12, as appropriate, had the conviction or
2-58     placement on deferred adjudication community supervision occurred
2-59     after September 1, 2001.
2-60           (d)  After a hearing on the petition described by Subsection
2-61     (a), the court may issue an order exempting the person from
2-62     registration under this chapter if it appears by a preponderance of
2-63     the evidence:
2-64                 (1)  as presented by a registered sex offender
2-65     treatment provider, that the exemption does not threaten public
2-66     safety; and
2-67                 (2)  that the person's conduct did not occur without
2-68     the consent of the victim or intended victim as described by
2-69     Section 22.011(b), Penal Code.
 3-1           (e)  An order exempting the person from registration under
 3-2     this chapter does not expire, but the court shall withdraw the
 3-3     order if after the order is issued the person receives a reportable
 3-4     conviction or adjudication under this chapter.
 3-5           SECTION 7.  The change in law made by this Act applies to any
 3-6     person for whom a duty to register as a sex offender under Chapter
 3-7     62, Code of Criminal Procedure, or under former Article 6252-13c.1,
 3-8     Revised Statutes, has not expired before the effective date of this
 3-9     Act.
3-10           SECTION 8.  (a)  Except as provided by Subsections (b) and
3-11     (c) of this section, this Act takes effect September 1, 2001.
3-12           (b)  Sections 4 and 5 of this Act take effect September 1,
3-13     2001, but only if the change in law proposed by H.B. No. 1118, 77th
3-14     Legislature, Regular Session, 2001, adding Article 62.13 to the
3-15     Code of Criminal Procedure, does not take effect on or before that
3-16     date.  If H.B. No. 1118 does take effect on or before  September 1,
3-17     2001, Sections 4 and 5 have no effect.
3-18           (c)  Section 6 of this Act takes effect September 1, 2001,
3-19     but only if the change in law proposed by H.B. No. 1118, 77th
3-20     Legislature, Regular Session, 2001, adding Article 62.13 to the
3-21     Code of Criminal Procedure, takes effect on or before that date.
3-22     If H.B. No. 1118 does not take effect on or before September 1,
3-23     2001, Section 6 has no effect.
3-24                                  * * * * *