Texas 2011 - 82nd Regular

Texas Senate Bill SB198 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: West S.B. No. 198
2	2	(Smith of Tarrant)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting persons who are convicted of certain sexual
8	8	offenses from registering as a sex offender in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.017, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the
13	13	trial of an offense under Section [21.02,] 21.11 or[,] 22.011[,
14	14	22.021, or 43.25], Penal Code, the judge shall make an affirmative
15	15	finding of fact and enter the affirmative finding in the judgment in
16	16	the case if the judge determines that:
17	17	(1) at the time of the offense, the defendant was not
18	18	more than four years older than the victim or intended victim
19	19	[younger than 19 years of age] and the victim or intended victim was
20	20	at least 15 [13] years of age; and
21	21	(2) the conviction is based solely on the ages of the
22	22	defendant and the victim or intended victim at the time of the
23	23	offense.
24	24	SECTION 2. Subsection (g), Section 5, Article 42.12, Code
25	25	of Criminal Procedure, is amended to read as follows:
26	26	(g) If a judge places on community supervision under this
27	27	section a defendant charged with an offense under Section 21.11
28	28	or[,] 22.011, [22.021, or 43.25,] Penal Code, the judge shall make
29	29	an affirmative finding of fact and file a statement of that
30	30	affirmative finding with the papers in the case if the judge
31	31	determines that:
32	32	(1) at the time of the offense, the defendant was not
33	33	more than four years older than the victim or intended victim
34	34	[younger than 19 years of age] and the victim or intended victim was
35	35	at least 15 [13] years of age; and
36	36	(2) the charge to which the plea is entered under this
37	37	section is based solely on the ages of the defendant and the victim
38	38	or intended victim at the time of the offense.
39	39	SECTION 3. Article 62.301, Code of Criminal Procedure, is
40	40	amended by amending Subsections (a), (c), and (d) and adding
41	41	Subsection (c-1) to read as follows:
42	42	(a) If eligible under Subsection (b) or (c), a person
43	43	required to register under this chapter may petition the court
44	44	having jurisdiction over the case for an order exempting the person
45	45	from registration under this chapter at any time on or after the
46	46	date of the person's sentencing or [after] the date the person is
47	47	placed on deferred adjudication community supervision, as
48	48	applicable.
49	49	(c) A defendant who before September 1, 2011 [2001], is
50	50	convicted of or placed on deferred adjudication community
51	51	supervision for an offense under Section 21.11 or[,] 22.011,
52	52	[22.021, or 43.25,] Penal Code, is eligible to petition the court as
53	53	described by Subsection (a). The court may consider the petition
54	54	only if the petition states and the court finds that the defendant
55	55	would have been entitled to the entry of an affirmative finding
56	56	under Article 42.017 or Section 5(g), Article 42.12, as
57	57	appropriate, had the conviction or placement on deferred
58	58	adjudication community supervision occurred after September 1,
59	59	2011 [2001].
60	60	(c-1) At a hearing on the petition described by Subsection
61	61	(a), the court may consider:
62	62	(1) testimony from the victim or intended victim, or a
63	63	member of the victim's or intended victim's family, concerning the
64	64	requested exemption;
65	65	(2) the relationship between the victim or intended
66	66	victim and the petitioner at the time of the hearing; and
67	67	(3) any other evidence that the court determines is
68	68	relevant and admissible.
69	69	(d) After a hearing on the petition described by Subsection
70	70	(a), the court may issue an order exempting the person from
71	71	registration under this chapter if it appears by a preponderance of
72	72	the evidence that:
73	73	(1) [as presented by a registered sex offender
74	74	treatment provider, that] the exemption does not threaten public
75	75	safety; [and]
76	76	(2) [that] the person's conduct did not occur without
77	77	the consent of the victim or intended victim as described by Section
78	78	22.011(b), Penal Code;
79	79	(3) the exemption is in the best interest of the victim
80	80	or intended victim; and
81	81	(4) the exemption is in the best interest of justice.
82	82	SECTION 4. Article 62.402, Code of Criminal Procedure, is
83	83	amended to read as follows:
84	84	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
85	85	REGISTRATION PERIOD. (a) The department [council] by rule shall
86	86	determine the minimum required registration period under federal
87	87	law [42 U.S.C. Section 14071 (Jacob Wetterling Crimes Against
88	88	Children and Sexually Violent Offender Registration Program)] for
89	89	each reportable conviction or adjudication under this chapter[, if
90	90	this state is to receive the maximum amount of federal money
91	91	available to a state as described by that law].
92	92	(b) After determining the minimum required registration
93	93	period for each reportable conviction or adjudication under
94	94	Subsection (a), the department [council] shall compile and publish
95	95	a list of reportable convictions or adjudications for which a
96	96	person must register under this chapter for a period that exceeds
97	97	the minimum required registration period under federal law.
98	98	(c) To the extent possible, the department [council] shall
99	99	periodically verify with the United States Department of Justice's
100	100	Office of Sex Offender Sentencing, Monitoring, Apprehending,
101	101	Registering, and Tracking [Bureau of Justice Assistance] or another
102	102	appropriate federal agency or office the accuracy of the list of
103	103	reportable convictions or adjudications described by Subsection
104	104	(b).
105	105	SECTION 5. The changes in law made by this Act in amending
106	106	Chapter 62, Code of Criminal Procedure, apply to any person who, on
107	107	or after the effective date of this Act, is required to register
108	108	under that chapter, regardless of whether the offense or conduct
109	109	for which the person is required to register occurs before, on, or
110	110	after the effective date of this Act.
111	111	SECTION 6. Article 42.017 and Subsection (g), Section 5,
112	112	Article 42.12, Code of Criminal Procedure, as amended by this Act,
113	113	apply only to a judgment of conviction entered on or after the
114	114	effective date of this Act or a grant of deferred adjudication made
115	115	on or after the effective date of this Act.
116	116	SECTION 7. This Act takes effect September 1, 2011.