SRC-TAG S.B. 1338 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1338
78R4156 KEL-DBy: Hinojosa
Criminal Justice
4/22/2003
As Filed


DIGEST AND PURPOSE 


As proposed, S.B. 1338 exempts certain persons aged 17 to 18 years who are
dating and having sex with other persons, aged 14 and 15, from registering
as sex offenders.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 62.0105(d), Code of Criminal Procedure, to
require, rather than authorize, the court to issue an  order exempting the
person from registration under this chapter if it appears by a
preponderance of the evidence, after a hearing on the petition described
by Subsection (a), that the exemption does not threaten public safety and
the person's conduct did not occur without the consent of the victim or
intended victim. 

SECTION 2.  Provides that the change in law made by this Act applies to a
person subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense that was committed before, on, or after the
effective date of this Act. 

SECTION 3.  Effective date: upon passage or September 1, 2003.