79R9084 KCR-D

By:  Madden                                                       H.B. No. 3043



A BILL TO BE ENTITLED

AN ACT

relating to the duration of sex offender registration requirements 
for certain youthful offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 62, Code of Criminal Procedure, is 
amended by adding Article 62.01051 to read as follows:
	Art. 62.01051.  PETITION EXCUSING CONTINUED REGISTRATION 
FOR CERTAIN SEX OFFENDERS.  (a)  On or after the seventh anniversary 
of the date on which a person is first required to register under 
this chapter, the person is eligible to and may petition the court 
having jurisdiction over the case for an order excusing the person 
from continued registration under this chapter if the person:
		(1)  is described by Article 62.0105(b) or (c);                        
		(2)  is currently registered and subject to lifetime 
registration under this chapter; and
		(3)  in committing the offense requiring registration 
under this chapter, through mistake, formed a reasonable belief 
that the victim was not more than three years younger than the 
person.
	(b)  After a hearing on the petition filed under Subsection 
(a), if the court finds that the person is eligible to petition the 
court under this article, the court shall issue an order excusing 
the person from continued registration under this chapter unless 
excusing the person from continued registration would threaten 
public safety.  The court shall send a copy of an order entered 
under this article to the department.
	(c)  On receipt of a copy of an order described by Subsection 
(b), the department shall remove all information about the person 
from the sex offender registry.  The duty to remove information 
under this article arises on the date that the department receives a 
copy of the order.
	(d)  An order issued under this section excusing a person 
from continued registration under this chapter does not expire, but 
the court shall withdraw the order if, after the order is issued, 
the person receives a reportable conviction or adjudication under 
this chapter.
	SECTION 2.  The changes in law made by this Act in amending 
Chapter 62, Code of Criminal Procedure, apply to a person subject to 
that chapter on the effective date of this Act for an offense or 
conduct committed or engaged in before, on, or after the effective 
date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.