LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION Revision 1 April 8, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB198 by West (Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to exempt certain individuals 19 years of age or younger from the duty to register as a sex offender for certain sex offenses if the victim or intended victim was at least 15 years of age, the defendant was not more than four years older than the victim or intended victim, and the offender is not a threat public safety. The bill would authorize the court to consider relevant evidence and testimony about the relationship between the victim or intended victim and the petitioner at a hearing of a petition to be exempt from sex offender registration. For this analysis it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety LBB Staff: JOB, ESi, GG, DH LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION Revision 1 April 8, 2011 Revision 1 Revision 1 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB198 by West (Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. ), Committee Report 1st House, Substituted TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB198 by West (Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. ), Committee Report 1st House, Substituted Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board SB198 by West (Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. ), Committee Report 1st House, Substituted SB198 by West (Relating to exempting persons who are convicted of certain sexual offenses from registering as a sex offender in this state. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to exempt certain individuals 19 years of age or younger from the duty to register as a sex offender for certain sex offenses if the victim or intended victim was at least 15 years of age, the defendant was not more than four years older than the victim or intended victim, and the offender is not a threat public safety. The bill would authorize the court to consider relevant evidence and testimony about the relationship between the victim or intended victim and the petitioner at a hearing of a petition to be exempt from sex offender registration. For this analysis it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies. The bill would take effect September 1, 2011. The bill would amend the Code of Criminal Procedure to exempt certain individuals 19 years of age or younger from the duty to register as a sex offender for certain sex offenses if the victim or intended victim was at least 15 years of age, the defendant was not more than four years older than the victim or intended victim, and the offender is not a threat public safety. The bill would authorize the court to consider relevant evidence and testimony about the relationship between the victim or intended victim and the petitioner at a hearing of a petition to be exempt from sex offender registration. For this analysis it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety LBB Staff: JOB, ESi, GG, DH JOB, ESi, GG, DH