H.B. No. 3148
AN ACT
relating to exempting certain young persons who are convicted of an
offense involving consensual sex from the requirement of
registering as a sex offender in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.017, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the
trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or
43.25, Penal Code, the judge shall make an affirmative finding of
fact and enter the affirmative finding in the judgment in the case
if the judge determines that:
(1) at the time of the offense, the defendant was not
more than four years older than the victim or intended victim
[younger than 19 years of age] and the victim or intended victim was
at least 14 [13] years of age; and
(2) the conviction is based solely on the ages of the
defendant and the victim or intended victim at the time of the
offense.
SECTION 2. Section 5(g), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(g) If a judge places on community supervision under this
section a defendant charged with an offense under Section 21.11,
22.011, 22.021, or 43.25, Penal Code, the judge shall make an
affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that:
(1) at the time of the offense, the defendant was not
more than four years older than the victim or intended victim
[younger than 19 years of age] and the victim or intended victim was
at least 14 [13] years of age; and
(2) the charge to which the plea is entered under this
section is based solely on the ages of the defendant and the victim
or intended victim at the time of the offense.
SECTION 3. Article 62.301, Code of Criminal Procedure, is
amended by amending Subsections (a), (c), and (d) and adding
Subsection (a-1) to read as follows:
(a) A [If eligible under Subsection (b) or (c), a] person
required to register under this chapter may petition the court
having jurisdiction over the case for an order exempting the person
from registration under this chapter:
(1) at any time on or after the date of the person's
sentencing or [after] the date the person is placed on deferred
adjudication community supervision, as applicable, if the person is
eligible to petition the court under Subsection (b) or (c); or
(2) at any time on or after the date the person
receives a dismissal and discharge under Section 5(c), Article
42.12, if the person is eligible to petition the court under
Subsection (a-1).
(a-1) A person is eligible to petition the court as
described by Subsection (a) if the person:
(1) is required to register only a result of a single
reportable adjudication, other than an adjudication of delinquent
conduct, for an offense under Section 21.11 or 22.011, Penal Code,
if the charge for the offense is based solely on the ages of the
person and the victim or intended victim;
(2) was younger than 21 years of age at the time the
offense was committed; and
(3) before or on the date of the petition, received a
dismissal and discharge under Section 5(c), Article 42.12.
(c) A defendant who before September 1, 2009 [2001], is
convicted of or placed on deferred adjudication community
supervision for an offense under Section 21.11, 22.011, 22.021, or
43.25, Penal Code, is eligible to petition the court as described by
Subsection (a). The court may consider the petition only if the
petition states and the court finds that the defendant would have
been entitled to the entry of an affirmative finding under Article
42.017 or Section 5(g), Article 42.12, as appropriate, had the
conviction or placement on deferred adjudication community
supervision occurred after September 1, 2009 [2001].
(d) After a hearing on the petition described by Subsection
(a), the court may issue an order exempting the person from
registration under this chapter if it appears by a preponderance of
the evidence that:
(1) [as presented by a registered sex offender
treatment provider, that] the exemption does not threaten public
safety; [and]
(2) [that] the person's conduct did not occur without
the consent of the victim or intended victim as described by Section
22.011(b), Penal Code;
(3) the exemption is in the best interest of the victim
or intended victim; and
(4) the exemption is in the best interest of justice.
SECTION 4. Article 62.402, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
REGISTRATION PERIOD. (a) The department [council] by rule shall
determine the minimum required registration period under the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section
16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Program)] for each
reportable conviction or adjudication under this chapter, if this
state is to receive the maximum amount of federal money available to
a state as described by that law.
(b) After determining the minimum required registration
period for each reportable conviction or adjudication under
Subsection (a), the department [council] shall compile and publish
a list of reportable convictions or adjudications for which a
person must register under this chapter for a period that exceeds
the minimum required registration period under federal law.
(c) To the extent possible, the department [council] shall
periodically verify with the Office of Sex Offender Sentencing,
Monitoring, Apprehending, Registering, and Tracking [Bureau of
Justice Assistance] or another appropriate federal agency the
accuracy of the list of reportable convictions or adjudications
described by Subsection (b).
SECTION 5. The changes in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, apply to any person who, on
or after the effective date of this Act, is required to register
under that chapter, regardless of whether the offense or conduct
for which the person is required to register occurs before, on, or
after the effective date of this Act.
SECTION 6. Article 42.017 and Section 5(g), Article 42.12,
Code of Criminal Procedure, as amended by this Act, apply only to a
judgment of conviction entered on or after the effective date of
this Act or a grant of deferred adjudication made on or after the
effective date of this Act.
SECTION 7. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3148 was passed by the House on May 6,
2009, by the following vote: Yeas 131, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3148 on May 25, 2009, by the following vote: Yeas 111, Nays 28,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3148 was passed by the Senate, with
amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor