By: Smith of Tarrant H.B. No. 3148
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         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, 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 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.  Section 5(g), 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,
  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 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.  Articles 62.301(a) and (c), Code of Criminal
  Procedure, are amended 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, 2009 [2001], is
  convicted of or placed on deferred adjudication community
  supervision for an offense under Section 21.11, 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, 2009 [2001].
         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 the Adam
  Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section
  16901 et seq.) [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 Office of Sex Offender Sentencing,
  Monitoring, Apprehending, Registering, and Tracking [Bureau of
  Justice Assistance] or another appropriate federal agency 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.  This Act takes effect September 1, 2009.