Texas House Bill HB3148

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/22/09
• Governor Action: 6/19/09
• Enrolled: 5/26/09
• Vetoed: 6/19/09

Caption

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.

Impact

The passage of HB 3148 is expected to have significant implications for Texas law regarding the treatment of young offenders involved in consensual sexual acts. By providing a clear exemption for certain cases, the bill aims to alleviate the long-term repercussions that a sex offender registration can impose on young individuals, potentially impacting their future educational and employment opportunities. Proponents of the bill argue that such changes are necessary to ensure that young people are not penalized disproportionately for consensual behavior that does not involve coercion or exploitation.

Summary

House Bill 3148 proposes amendments to the Code of Criminal Procedure aimed at exempting certain young individuals who are convicted of offenses pertaining to consensual sex from the obligation to register as sex offenders in Texas. The primary stipulation for this exemption is that the defendant must not be more than four years older than the victim, who must be at least 13 years of age. This change seeks to address concerns about the consequences of registering as a sex offender for young individuals whose actions may be considered consensual under specific conditions.

Contention

The bill may generate debate among legislators and advocacy groups. Supporters argue that it promotes fairness and recognizes the complexities of adolescent relationships, while opponents may contend that it could undermine the seriousness of sexual offenses and public safety. Concerns regarding the interpretation and implementation of this exemption are likely to be discussed, as the delineation between consensual and non-consensual acts can often be subjective.

Notable_points

This legislative proposal reflects a broader movement toward reforming laws that govern sexual offenses, particularly those affecting youth. By revising the criteria under which individuals are required to register as sex offenders, Texas may set a precedent for other states dealing with similar issues regarding juvenile offenders and consensual relationships.