By: West S.B. No. 198
A BILL TO BE ENTITLED
AN ACT
relating to exempting persons who are convicted of certain sexual
offenses from 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 or[,] 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 15 [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. Subsection (g), Section 5, 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
or[,] 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 15 [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 (c-1) to read as follows:
(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 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.
(c) A defendant who before September 1, 2011 [2001], is
convicted of or placed on deferred adjudication community
supervision for an offense under Section 21.11 or[,] 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,
2011 [2001].
(c-1) At a hearing on the petition described by Subsection
(a), the court may consider:
(1) testimony from the victim or intended victim, or a
member of the victim's or intended victim's family, concerning the
requested exemption;
(2) the relationship between the victim or intended
victim and the petitioner at the time of the hearing; and
(3) any other evidence that the court determines is
relevant and admissible.
(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 federal
law [42 U.S.C. Section 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 United States Department of Justice's
Office of Sex Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking [Bureau of Justice Assistance] or another
appropriate federal agency or office 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 Subsection (g), Section 5,
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, 2011.