HBA-JRA H.B. 2143 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2143
By: Goodman
Juvenile Justice and Family Issues
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, individuals convicted of sex crimes must register as sex
offenders.  There is no mechanism for good cause exemption from the
requirement for juveniles convicted of or adjudicated for such crimes.
H.B. 2413 provides that a conviction or adjudication of a juvenile under
the age of 16 for aggravated sexual assault, compelling prostitution,
aggravated kidnapping, burglary, or an attempt to commit such an offense
does not constitute a reportable conviction or adjudication. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 62.01(5), Code of Criminal Procedure, to provide
that a conviction for aggravated sexual assault; an adjudication of
delinquent conduct for aggravated sexual assault, compelling prostitution,
aggravated kidnapping, burglary, or an attempt, conspiracy, or solicitation
to commit such an offense; or a deferred adjudication for such an offense,
does not constitute a reportable conviction or adjudication if the
conviction is for an offense in which the victim was 14 years of age or
younger, the defendant was a person 16 years of age or younger at the time
of the commission of the offense, and the judge enters a finding in the
judgment in the case that to require the defendant to register under this
chapter is not in the best interest of justice. 

SECTION 2.  Provides that a change in law made by this Act to Article
62.01(5), Code of Criminal Procedure, applies to any person for whom a duty
to register as a sex offender under Chapter 62 of that code or under former
Article 6252-13c.1, V.T.C.S., has not expired before the effective date of
this Act. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.