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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain sexual offenses and to |
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exempting certain persons from the duty to register as a sex |
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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 4 years older than the victim or intended victim [younger
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than 19 years of age] and the victim or intended victim was at least |
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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 4 years older than the victim or intended victim [younger
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than 19 years of age] and the victim or intended victim was at least |
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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. Article 62.301, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsection (a-1) 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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(a-1) A person is eligible to petition the court as |
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described by Subsection (a) if the person: |
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(1) is required to register only a result of a single |
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reportable adjudication, other than an adjudication of delinquent |
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conduct, for an offense under Section 21.11, 22.011, 22.021, or |
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43.25, Penal Code; |
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(2) was 20 years of age or older and younger than 25 |
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years of age at the time the offense was committed; and |
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(3) before the date of the petition, received a |
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dismissal and discharge under Section 5(c), Article 42.12. |
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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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(d) After a hearing on the petition described by Subsection |
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(a), the court shall [may] issue an order exempting the person from |
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registration under this chapter if it appears by a preponderance of |
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the evidence: |
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(1) as presented by a registered sex offender |
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treatment provider, that the exemption does not threaten public |
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safety; and |
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(2) that the person's conduct did not occur without the |
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consent of the victim or intended victim as described by Section |
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22.011(b), Penal Code. |
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SECTION 4. Section 22.011, Penal Code, is amended by adding |
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Subsections (e-1), (g), and (h) to read as follows: |
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(e-1) It is an affirmative defense to prosecution under |
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Subsection (a)(2) that: |
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(1) the actor reasonably believed that the victim was |
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17 years of age or older and: |
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(A) was not required under Chapter 62, Code of |
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Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62, Code of |
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Criminal Procedure, had a reportable conviction or adjudication for |
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an offense under this section or Section 22.021; and |
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(2) the victim: |
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(A) was 13 years of age or older; and |
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(B) in the presence of the actor, displayed |
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tangible, false evidence or made a false statement that: |
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(i) was intentionally designed to mislead |
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another as to the victim's age; and |
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(ii) when considered objectively by the |
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court with other circumstances, can reasonably be thought to be an |
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accurate identification of the victim or an accurate representation |
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of the victim's age. |
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(g) Subsection (e-1) does not invalidate or otherwise |
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diminish Rule 412, Texas Rules of Evidence. |
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(h) Subsection (e-1) does not apply to an actor who engaged |
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in the prohibited conduct with the victim over a period that is 180 |
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days or longer. |
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SECTION 5. Section 22.021, Penal Code, is amended by adding |
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Subsections (d-1), (g), and (h) to read as follows: |
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(d-1) It is an affirmative defense to prosecution under |
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Subsection (a)(2)(B) that: |
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(1) the actor reasonably believed that the victim was |
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17 years of age or older and: |
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(A) was not required under Chapter 62, Code of |
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Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62, Code of |
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Criminal Procedure, had a reportable conviction or adjudication for |
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an offense under this section or Section 22.011; and |
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(2) the victim: |
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(A) was 13 years of age or older; and |
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(B) in the presence of the actor, displayed |
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tangible, false evidence or made a false statement that: |
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(i) was intentionally designed to mislead |
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another as to the victim's age; and |
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(ii) when considered objectively by the |
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court with other circumstances, can reasonably be thought to be an |
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accurate identification of the victim or an accurate representation |
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of the victim's age. |
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(g) Subsection (d-1) does not invalidate or otherwise |
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diminish Rule 412, Texas Rules of Evidence. |
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(h) Subsection (d-1) does not apply to an actor who engaged |
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in the prohibited conduct with the victim over a period that is 180 |
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days or longer. |
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SECTION 6. Article 42.017, Code of Criminal Procedure, and |
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Section 5(g), Article 42.12, Code of Criminal Procedure, as amended |
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by this Act, apply only to a judgment of conviction entered on or |
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after the effective date of this Act or a grant of deferred |
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adjudication made on or after the effective date of this Act. |
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SECTION 7. 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 8. The change in law made by this Act in amending |
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Sections 22.011 and 22.021, Penal Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 9. This Act takes effect September 1, 2009. |