78R4156 KEL-D

By:  Hinojosa                                                     S.B. No. 1338



A BILL TO BE ENTITLED

AN ACT

relating to a mandatory exemption from sex offender registration 
for certain offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 62.0105(d), Code of Criminal Procedure, 
is amended to read as follows:
	(d)  After a hearing on the petition described by Subsection 
(a), the court shall [may] issue an order exempting the person from 
registration under this chapter if it appears by a preponderance of 
the evidence:
		(1)  as presented by a registered sex offender 
treatment provider, that the exemption does not threaten public 
safety;  and
		(2)  that the person's conduct did not occur without the 
consent of the victim or intended victim as described by Section 
22.011(b), Penal Code.
	SECTION 2.  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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.