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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain young persons who are convicted of an |
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offense involving consensual sex from the requirement of |
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registering as a sex offender in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.017, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the |
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trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or |
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43.25, Penal Code, the judge shall make an affirmative finding of |
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fact and enter the affirmative finding in the judgment in the case |
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if the judge determines that: |
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(1) at the time of the offense, the defendant was not |
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more than four years older than the victim or intended victim |
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[younger than 19 years of age] and the victim or intended victim was |
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at least 13 years of age; and |
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(2) the conviction is based solely on the ages of the |
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defendant and the victim or intended victim at the time of the |
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offense. |
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SECTION 2. Section 5(g), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(g) If a judge places on community supervision under this |
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section a defendant charged with an offense under Section 21.11, |
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22.011, 22.021, or 43.25, Penal Code, the judge shall make an |
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affirmative finding of fact and file a statement of that |
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affirmative finding with the papers in the case if the judge |
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determines that: |
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(1) at the time of the offense, the defendant was not |
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more than four years older than the victim or intended victim |
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[younger than 19 years of age] and the victim or intended victim was |
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at least 13 years of age; and |
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(2) the charge to which the plea is entered under this |
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section is based solely on the ages of the defendant and the victim |
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or intended victim at the time of the offense. |
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SECTION 3. Articles 62.301(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) If eligible under Subsection (b) or (c), a person |
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required to register under this chapter may petition the court |
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having jurisdiction over the case for an order exempting the person |
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from registration under this chapter at any time on or after the |
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date of the person's sentencing or [after] the date the person is |
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placed on deferred adjudication community supervision, as |
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applicable. |
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(c) A defendant who before September 1, 2009 [2001], is |
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convicted of or placed on deferred adjudication community |
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supervision for an offense under Section 21.11, 22.011, 22.021, or |
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43.25, Penal Code, is eligible to petition the court as described by |
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Subsection (a). The court may consider the petition only if the |
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petition states and the court finds that the defendant would have |
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been entitled to the entry of an affirmative finding under Article |
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42.017 or Section 5(g), Article 42.12, as appropriate, had the |
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conviction or placement on deferred adjudication community |
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supervision occurred after September 1, 2009 [2001]. |
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SECTION 4. Article 62.402, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 62.402. DETERMINATION OF MINIMUM REQUIRED |
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REGISTRATION PERIOD. (a) The department [council] by rule shall |
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determine the minimum required registration period under the Adam |
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Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section |
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16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
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Sexually Violent Offender Registration Program)] for each |
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reportable conviction or adjudication under this chapter, if this |
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state is to receive the maximum amount of federal money available to |
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a state as described by that law. |
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(b) After determining the minimum required registration |
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period for each reportable conviction or adjudication under |
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Subsection (a), the department [council] shall compile and publish |
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a list of reportable convictions or adjudications for which a |
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person must register under this chapter for a period that exceeds |
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the minimum required registration period under federal law. |
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(c) To the extent possible, the department [council] shall |
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periodically verify with the Office of Sex Offender Sentencing, |
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Monitoring, Apprehending, Registering, and Tracking [Bureau of
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Justice Assistance] or another appropriate federal agency the |
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accuracy of the list of reportable convictions or adjudications |
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described by Subsection (b). |
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SECTION 5. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply to any person who, on |
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or after the effective date of this Act, is required to register |
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under that chapter, regardless of whether the offense or conduct |
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for which the person is required to register occurs before, on, or |
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after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |