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 * * * * *