HBA-CMT H.B. 2987 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2987
By: Deshotel
Public Safety
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Sex offender registration has become more expansive over the past few
sessions of the Texas Legislature. Since the Sex Offender Registration
Program began, additional offenses continue to be added to the list of
offenses that require registration.  Until the 76th Legislature, judges
could exempt a defendant from registration after a hearing was held on the
need for registration.  During that session, the legislature removed the
discretionary power of judges and made all sex offender registration
mandatory.  This approach required all defendants to register and comply
with the public notice requirements, including youthful adult offenders who
participated in consensual sex that would not have been an offense except
for the age of the participants.  Under previous Texas law, if a person had
sex with a person younger than 17 years of age, that person committed an
offense that required registration if convicted.  Cases like this may have
met the requirements for an offense that would have required registration,
but it has been argued that persons involved in consensual sex were not
offenders that should have be required to register as sex offenders.  House
Bill 2987 returns discretionary power to judges in such cases.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2987 amends the Criminal Procedure and Family codes relating to
exemption from sex offender registration for certain juvenile and adult
offenders.  The bill requires a judge in the trial or disposition of an
offense involving sexual assault, sexual performance by a child, aggravated
sexual assault, or indecency with a child to make an affirmative finding of
fact and enter the affirmative finding in the judgement in the case if the
judge determines that at the time of the offense, the defendant was younger
than 20 years of age and the victim was at least 13 years of age and the
conviction is based solely on the ages of the defendant and the victim or
intended victim at the time of the offense.  The bill provides that if a
judge places a defendant on community supervision who is charged with a
offense involving sexual assault, sexual performance by a child, aggravated
sexual assault, or indecency with a child, the judge is required to make an
affirmative finding of fact and file a statement of that affirmative
finding with the papers in the case if the sole purpose for the charge was
the defendant's and victim's age. 

The bill provides that, if eligible, a person required to register as a sex
offender is authorized to petition the court having jurisdiction over the
case at any time after the person's sentencing or disposition hearing or
after the person is placed on deferred adjudication community supervision
for an order exempting the person from registration.  The bill sets forth
eligibility requirements for a person to be able to petition to the court
for a sex offender registration exemption and establishes procedures
designed to make application of the exemption to eligible persons
retroactive.   After a hearing on the petition, the court is authorized to
issue an order exempting the person from registration if it appears by a
preponderance of the evidence that the exemption does not threaten public
safety, and that the person's conduct did not occur without the consent of
the victim or intended victim.  An order exempting a person from
registration does not expire, but the court is required to withdraw the
order if the person receives a reportable conviction or adjudication  after
the order is issued.  

The provisions of the bill allowing a court to exempt a person from
registration as a sex offender at any time after a disposition hearing,
take effect only if House Bill 1118 takes effect on or before September 1,
2001.  

EFFECTIVE DATE

September 1, 2001.