Texas 2009 - 81st Regular

Texas House Bill HB3148 Compare Versions

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1	1	H.B. No. 3148
2	2
3	3
4	4	AN ACT
5	5	relating to exempting certain young persons who are convicted of an
6	6	offense involving consensual sex from the requirement of
7	7	registering as a sex offender in this state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 42.017, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the
12	12	trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or
13	13	43.25, Penal Code, the judge shall make an affirmative finding of
14	14	fact and enter the affirmative finding in the judgment in the case
15	15	if the judge determines that:
16	16	(1) at the time of the offense, the defendant was not
17	17	more than four years older than the victim or intended victim
18	18	[younger than 19 years of age] and the victim or intended victim was
19	19	at least 14 [13] years of age; and
20	20	(2) the conviction is based solely on the ages of the
21	21	defendant and the victim or intended victim at the time of the
22	22	offense.
23	23	SECTION 2. Section 5(g), Article 42.12, Code of Criminal
24	24	Procedure, is amended to read as follows:
25	25	(g) If a judge places on community supervision under this
26	26	section a defendant charged with an offense under Section 21.11,
27	27	22.011, 22.021, or 43.25, Penal Code, the judge shall make an
28	28	affirmative finding of fact and file a statement of that
29	29	affirmative finding with the papers in the case if the judge
30	30	determines that:
31	31	(1) at the time of the offense, the defendant was not
32	32	more than four years older than the victim or intended victim
33	33	[younger than 19 years of age] and the victim or intended victim was
34	34	at least 14 [13] years of age; and
35	35	(2) the charge to which the plea is entered under this
36	36	section is based solely on the ages of the defendant and the victim
37	37	or intended victim at the time of the offense.
38	38	SECTION 3. Article 62.301, Code of Criminal Procedure, is
39	39	amended by amending Subsections (a), (c), and (d) and adding
40	40	Subsection (a-1) to read as follows:
41	41	(a) A [If eligible under Subsection (b) or (c), a] person
42	42	required to register under this chapter may petition the court
43	43	having jurisdiction over the case for an order exempting the person
44	44	from registration under this chapter:
45	45	(1) at any time on or after the date of the person's
46	46	sentencing or [after] the date the person is placed on deferred
47	47	adjudication community supervision, as applicable, if the person is
48	48	eligible to petition the court under Subsection (b) or (c); or
49	49	(2) at any time on or after the date the person
50	50	receives a dismissal and discharge under Section 5(c), Article
51	51	42.12, if the person is eligible to petition the court under
52	52	Subsection (a-1).
53	53	(a-1) A person is eligible to petition the court as
54	54	described by Subsection (a) if the person:
55	55	(1) is required to register only a result of a single
56	56	reportable adjudication, other than an adjudication of delinquent
57	57	conduct, for an offense under Section 21.11 or 22.011, Penal Code,
58	58	if the charge for the offense is based solely on the ages of the
59	59	person and the victim or intended victim;
60	60	(2) was younger than 21 years of age at the time the
61	61	offense was committed; and
62	62	(3) before or on the date of the petition, received a
63	63	dismissal and discharge under Section 5(c), Article 42.12.
64	64	(c) A defendant who before September 1, 2009 [2001], is
65	65	convicted of or placed on deferred adjudication community
66	66	supervision for an offense under Section 21.11, 22.011, 22.021, or
67	67	43.25, Penal Code, is eligible to petition the court as described by
68	68	Subsection (a). The court may consider the petition only if the
69	69	petition states and the court finds that the defendant would have
70	70	been entitled to the entry of an affirmative finding under Article
71	71	42.017 or Section 5(g), Article 42.12, as appropriate, had the
72	72	conviction or placement on deferred adjudication community
73	73	supervision occurred after September 1, 2009 [2001].
74	74	(d) After a hearing on the petition described by Subsection
75	75	(a), the court may issue an order exempting the person from
76	76	registration under this chapter if it appears by a preponderance of
77	77	the evidence that:
78	78	(1) [as presented by a registered sex offender
79	79	treatment provider, that] the exemption does not threaten public
80	80	safety; [and]
81	81	(2) [that] the person's conduct did not occur without
82	82	the consent of the victim or intended victim as described by Section
83	83	22.011(b), Penal Code;
84	84	(3) the exemption is in the best interest of the victim
85	85	or intended victim; and
86	86	(4) the exemption is in the best interest of justice.
87	87	SECTION 4. Article 62.402, Code of Criminal Procedure, is
88	88	amended to read as follows:
89	89	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
90	90	REGISTRATION PERIOD. (a) The department [council] by rule shall
91	91	determine the minimum required registration period under the Adam
92	92	Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section
93	93	16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
94	94	Sexually Violent Offender Registration Program)] for each
95	95	reportable conviction or adjudication under this chapter, if this
96	96	state is to receive the maximum amount of federal money available to
97	97	a state as described by that law.
98	98	(b) After determining the minimum required registration
99	99	period for each reportable conviction or adjudication under
100	100	Subsection (a), the department [council] shall compile and publish
101	101	a list of reportable convictions or adjudications for which a
102	102	person must register under this chapter for a period that exceeds
103	103	the minimum required registration period under federal law.
104	104	(c) To the extent possible, the department [council] shall
105	105	periodically verify with the Office of Sex Offender Sentencing,
106	106	Monitoring, Apprehending, Registering, and Tracking [Bureau of
107	107	Justice Assistance] or another appropriate federal agency the
108	108	accuracy of the list of reportable convictions or adjudications
109	109	described by Subsection (b).
110	110	SECTION 5. The changes in law made by this Act in amending
111	111	Chapter 62, Code of Criminal Procedure, apply to any person who, on
112	112	or after the effective date of this Act, is required to register
113	113	under that chapter, regardless of whether the offense or conduct
114	114	for which the person is required to register occurs before, on, or
115	115	after the effective date of this Act.
116	116	SECTION 6. Article 42.017 and Section 5(g), Article 42.12,
117	117	Code of Criminal Procedure, as amended by this Act, apply only to a
118	118	judgment of conviction entered on or after the effective date of
119	119	this Act or a grant of deferred adjudication made on or after the
120	120	effective date of this Act.
121	121	SECTION 7. This Act takes effect September 1, 2009.
122	122	______________________________ ______________________________
123	123	President of the Senate Speaker of the House
124	124	I certify that H.B. No. 3148 was passed by the House on May 6,
125	125	2009, by the following vote: Yeas 131, Nays 12, 1 present, not
126	126	voting; and that the House concurred in Senate amendments to H.B.
127	127	No. 3148 on May 25, 2009, by the following vote: Yeas 111, Nays 28,
128	128	1 present, not voting.
129	129	______________________________
130	130	Chief Clerk of the House
131	131	I certify that H.B. No. 3148 was passed by the Senate, with
132	132	amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
133	133	0.
134	134	______________________________
135	135	Secretary of the Senate
136	136	APPROVED: __________________
137	137	Date
138	138	__________________
139	139	Governor