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AN ACT
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relating to exempting certain young persons who are convicted of an |
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offense involving consensual sex from the requirement of |
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registering as a sex offender in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.017, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the |
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trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or |
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43.25, Penal Code, the judge shall make an affirmative finding of |
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fact and enter the affirmative finding in the judgment in the case |
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if the judge determines that: |
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(1) at the time of the offense, the defendant was not |
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more than four years older than the victim or intended victim |
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[younger than 19 years of age] and the victim or intended victim was |
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at least 14 [13] years of age; and |
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(2) the conviction is based solely on the ages of the |
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defendant and the victim or intended victim at the time of the |
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offense. |
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SECTION 2. Section 5(g), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(g) If a judge places on community supervision under this |
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section a defendant charged with an offense under Section 21.11, |
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22.011, 22.021, or 43.25, Penal Code, the judge shall make an |
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affirmative finding of fact and file a statement of that |
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affirmative finding with the papers in the case if the judge |
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determines that: |
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(1) at the time of the offense, the defendant was not |
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more than four years older than the victim or intended victim |
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[younger than 19 years of age] and the victim or intended victim was |
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at least 14 [13] years of age; and |
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(2) the charge to which the plea is entered under this |
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section is based solely on the ages of the defendant and the victim |
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or intended victim at the time of the offense. |
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SECTION 3. Article 62.301, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsection (a-1) to read as follows: |
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(a) A [If eligible under Subsection (b) or (c), a] person |
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required to register under this chapter may petition the court |
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having jurisdiction over the case for an order exempting the person |
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from registration under this chapter: |
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(1) at any time on or after the date of the person's |
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sentencing or [after] the date the person is placed on deferred |
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adjudication community supervision, as applicable, if the person is |
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eligible to petition the court under Subsection (b) or (c); or |
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(2) at any time on or after the date the person |
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receives a dismissal and discharge under Section 5(c), Article |
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42.12, if the person is eligible to petition the court under |
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Subsection (a-1). |
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(a-1) A person is eligible to petition the court as |
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described by Subsection (a) if the person: |
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(1) is required to register only a result of a single |
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reportable adjudication, other than an adjudication of delinquent |
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conduct, for an offense under Section 21.11 or 22.011, Penal Code, |
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if the charge for the offense is based solely on the ages of the |
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person and the victim or intended victim; |
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(2) was younger than 21 years of age at the time the |
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offense was committed; and |
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(3) before or on the date of the petition, received a |
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dismissal and discharge under Section 5(c), Article 42.12. |
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(c) A defendant who before September 1, 2009 [2001], is |
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convicted of or placed on deferred adjudication community |
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supervision for an offense under Section 21.11, 22.011, 22.021, or |
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43.25, Penal Code, is eligible to petition the court as described by |
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Subsection (a). The court may consider the petition only if the |
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petition states and the court finds that the defendant would have |
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been entitled to the entry of an affirmative finding under Article |
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42.017 or Section 5(g), Article 42.12, as appropriate, had the |
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conviction or placement on deferred adjudication community |
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supervision occurred after September 1, 2009 [2001]. |
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(d) After a hearing on the petition described by Subsection |
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(a), the court may issue an order exempting the person from |
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registration under this chapter if it appears by a preponderance of |
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the evidence that: |
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(1) [as presented by a registered sex offender
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treatment provider, that] the exemption does not threaten public |
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safety; [and] |
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(2) [that] the person's conduct did not occur without |
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the consent of the victim or intended victim as described by Section |
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22.011(b), Penal Code; |
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(3) the exemption is in the best interest of the victim |
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or intended victim; and |
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(4) the exemption is in the best interest of justice. |
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SECTION 4. Article 62.402, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 62.402. DETERMINATION OF MINIMUM REQUIRED |
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REGISTRATION PERIOD. (a) The department [council] by rule shall |
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determine the minimum required registration period under the Adam |
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Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section |
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16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
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Sexually Violent Offender Registration Program)] for each |
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reportable conviction or adjudication under this chapter, if this |
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state is to receive the maximum amount of federal money available to |
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a state as described by that law. |
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(b) After determining the minimum required registration |
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period for each reportable conviction or adjudication under |
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Subsection (a), the department [council] shall compile and publish |
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a list of reportable convictions or adjudications for which a |
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person must register under this chapter for a period that exceeds |
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the minimum required registration period under federal law. |
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(c) To the extent possible, the department [council] shall |
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periodically verify with the Office of Sex Offender Sentencing, |
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Monitoring, Apprehending, Registering, and Tracking [Bureau of
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Justice Assistance] or another appropriate federal agency the |
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accuracy of the list of reportable convictions or adjudications |
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described by Subsection (b). |
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SECTION 5. The changes in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, apply to any person who, on |
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or after the effective date of this Act, is required to register |
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under that chapter, regardless of whether the offense or conduct |
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for which the person is required to register occurs before, on, or |
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after the effective date of this Act. |
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SECTION 6. Article 42.017 and Section 5(g), Article 42.12, |
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Code of Criminal Procedure, as amended by this Act, apply only to a |
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judgment of conviction entered on or after the effective date of |
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this Act or a grant of deferred adjudication made on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3148 was passed by the House on May 6, |
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2009, by the following vote: Yeas 131, Nays 12, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3148 on May 25, 2009, by the following vote: Yeas 111, Nays 28, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3148 was passed by the Senate, with |
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amendments, on May 22, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |