Texas 2011 - 82nd Regular

Texas House Bill HB227 Compare Versions

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1	1	82R20238 KCR-D
2	2	By: Smith of Tarrant H.B. No. 227
3	3	Substitute the following for H.B. No. 227:
4	4	By: Gallego C.S.H.B. No. 227
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exempting persons who are convicted of certain sexual
10	10	offenses from registering as a sex offender in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.017, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the
15	15	trial of an offense under Section [21.02,] 21.11 or[,] 22.011[,
16	16	22.021, or 43.25], Penal Code, the judge shall make an affirmative
17	17	finding of fact and enter the affirmative finding in the judgment in
18	18	the case if the judge determines that:
19	19	(1) at the time of the offense, the defendant was not
20	20	more than four years older than the victim or intended victim
21	21	[younger than 19 years of age] and the victim or intended victim was
22	22	at least 15 [13] years of age; and
23	23	(2) the conviction is based solely on the ages of the
24	24	defendant and the victim or intended victim at the time of the
25	25	offense.
26	26	SECTION 2. Section 5(g), Article 42.12, Code of Criminal
27	27	Procedure, is amended to read as follows:
28	28	(g) If a judge places on community supervision under this
29	29	section a defendant charged with an offense under Section 21.11
30	30	or[,] 22.011, [22.021, or 43.25,] Penal Code, the judge shall make
31	31	an affirmative finding of fact and file a statement of that
32	32	affirmative finding with the papers in the case if the judge
33	33	determines that:
34	34	(1) at the time of the offense, the defendant was not
35	35	more than four years older than the victim or intended victim
36	36	[younger than 19 years of age] and the victim or intended victim was
37	37	at least 15 [13] years of age; and
38	38	(2) the charge to which the plea is entered under this
39	39	section is based solely on the ages of the defendant and the victim
40	40	or intended victim at the time of the offense.
41	41	SECTION 3. Article 62.301, Code of Criminal Procedure, is
42	42	amended by amending Subsections (a), (c), and (d) and adding
43	43	Subsection (c-1) to read as follows:
44	44	(a) If eligible under Subsection (b) or (c), a person
45	45	required to register under this chapter may petition the court
46	46	having jurisdiction over the case for an order exempting the person
47	47	from registration under this chapter at any time on or after the
48	48	date of the person's sentencing or [after] the date the person is
49	49	placed on deferred adjudication community supervision, as
50	50	applicable.
51	51	(c) A defendant who before September 1, 2011 [2001], is
52	52	convicted of or placed on deferred adjudication community
53	53	supervision for an offense under Section 21.11 or[,] 22.011,
54	54	[22.021, or 43.25,] Penal Code, is eligible to petition the court as
55	55	described by Subsection (a). The court may consider the petition
56	56	only if the petition states and the court finds that the defendant
57	57	would have been entitled to the entry of an affirmative finding
58	58	under Article 42.017 or Section 5(g), Article 42.12, as
59	59	appropriate, had the conviction or placement on deferred
60	60	adjudication community supervision occurred after September 1,
61	61	2011 [2001].
62	62	(c-1) At a hearing on the petition described by Subsection
63	63	(a), the court may consider:
64	64	(1) testimony from the victim or intended victim, or a
65	65	member of the victim's or intended victim's family, concerning the
66	66	requested exemption;
67	67	(2) the relationship between the victim or intended
68	68	victim and the petitioner at the time of the hearing; and
69	69	(3) any other evidence that the court determines is
70	70	relevant and admissible.
71	71	(d) After a hearing on the petition described by Subsection
72	72	(a), the court may issue an order exempting the person from
73	73	registration under this chapter if it appears by a preponderance of
74	74	the evidence that:
75	75	(1) [as presented by a registered sex offender
76	76	treatment provider, that] the exemption does not threaten public
77	77	safety; [and]
78	78	(2) [that] the person's conduct did not occur without
79	79	the consent of the victim or intended victim as described by Section
80	80	22.011(b), Penal Code;
81	81	(3) the exemption is in the best interest of the victim
82	82	or intended victim; and
83	83	(4) the exemption is in the best interest of justice.
84	84	SECTION 4. Article 62.402, Code of Criminal Procedure, is
85	85	amended to read as follows:
86	86	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
87	87	REGISTRATION PERIOD. (a) The department [council] by rule shall
88	88	determine the minimum required registration period under federal
89	89	law [42 U.S.C. Section 14071 (Jacob Wetterling Crimes Against
90	90	Children and Sexually Violent Offender Registration Program)] for
91	91	each reportable conviction or adjudication under this chapter[, if
92	92	this state is to receive the maximum amount of federal money
93	93	available to a state as described by that law].
94	94	(b) After determining the minimum required registration
95	95	period for each reportable conviction or adjudication under
96	96	Subsection (a), the department [council] shall compile and publish
97	97	a list of reportable convictions or adjudications for which a
98	98	person must register under this chapter for a period that exceeds
99	99	the minimum required registration period under federal law.
100	100	(c) To the extent possible, the department [council] shall
101	101	periodically verify with the United States Department of Justice's
102	102	Office of Sex Offender Sentencing, Monitoring, Apprehending,
103	103	Registering, and Tracking [Bureau of Justice Assistance] or another
104	104	appropriate federal agency or office the accuracy of the list of
105	105	reportable convictions or adjudications described by Subsection
106	106	(b).
107	107	SECTION 5. The changes in law made by this Act in amending
108	108	Chapter 62, Code of Criminal Procedure, apply to any person who, on
109	109	or after the effective date of this Act, is required to register
110	110	under that chapter, regardless of whether the offense or conduct
111	111	for which the person is required to register occurs before, on, or
112	112	after the effective date of this Act.
113	113	SECTION 6. Article 42.017 and Section 5(g), Article 42.12,
114	114	Code of Criminal Procedure, as amended by this Act, apply only to a
115	115	judgment of conviction entered on or after the effective date of
116	116	this Act or a grant of deferred adjudication made on or after the
117	117	effective date of this Act.
118	118	SECTION 7. This Act takes effect September 1, 2011.