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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting persons who are convicted of certain sexual |
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offenses from 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 or[,] 22.011[,
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22.021, or 43.25], Penal Code, the judge shall make an affirmative |
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finding of fact and enter the affirmative finding in the judgment in |
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the case 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 15 [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. Subsection (g), Section 5, Article 42.12, Code |
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of Criminal 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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or[,] 22.011, [22.021, or 43.25,] Penal Code, the judge shall make |
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an 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 15 [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 (c-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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(c) A defendant who before September 1, 2011 [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 or[,] 22.011, |
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[22.021, or 43.25,] Penal Code, is eligible to petition the court as |
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described by Subsection (a). The court may consider the petition |
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only if the petition states and the court finds that the defendant |
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would have been entitled to the entry of an affirmative finding |
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under Article 42.017 or Section 5(g), Article 42.12, as |
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appropriate, had the conviction or placement on deferred |
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adjudication community supervision occurred after September 1, |
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2011 [2001]. |
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(c-1) At a hearing on the petition described by Subsection |
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(a), the court may consider: |
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(1) testimony from the victim or intended victim, or a |
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member of the victim's or intended victim's family, concerning the |
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requested exemption; |
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(2) the relationship between the victim or intended |
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victim and the petitioner at the time of the hearing; and |
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(3) any other evidence that the court determines is |
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relevant and admissible. |
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(d) After a hearing on the petition described by Subsection |
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(a), the court 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 that: |
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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 |
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the consent of the victim or intended victim as described by Section |
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22.011(b), Penal Code; |
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(3) the exemption is in the best interest of the victim |
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or intended victim; and |
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(4) the exemption is in the best interest of justice. |
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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 federal |
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law [42 U.S.C. Section 14071 (Jacob Wetterling Crimes Against
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Children and Sexually Violent Offender Registration Program)] for |
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each reportable conviction or adjudication under this chapter[, if
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this state is to receive the maximum amount of federal money
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available to 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 United States Department of Justice's |
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Office of Sex Offender Sentencing, Monitoring, Apprehending, |
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Registering, and Tracking [Bureau of Justice Assistance] or another |
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appropriate federal agency or office the accuracy of the list of |
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reportable convictions or adjudications described by Subsection |
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(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. Article 42.017 and Subsection (g), Section 5, |
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Article 42.12, Code of Criminal Procedure, as amended by this Act, |
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apply only to a judgment of conviction entered on or after the |
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effective date of this Act or a grant of deferred adjudication made |
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on or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2011. |
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* * * * * |