HBA-SEB H.B. 2440 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2440
By: Goodman
Juvenile Justice and Family Issues
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, it is an affirmative defense for prosecution for
consensual sexual contact between juveniles that the actor is not more than
three years older than the victim.  Because the age difference in juveniles
is profound, two years of age difference may be a more appropriate
affirmative defense. H.B. 2440 establishes that it is an affirmative
defense for a charge of sexual assault or aggravated sexual assault if the
actor was younger than 16 years of age and was not more than two years
older than the victim, if the victim was 14 years of age or younger.  This
bill also authorizes a person convicted of such an offense to petition a
court for exemption from registration as a sex offender if the person was
younger than 14 years of age at the time of committing the offense.  

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 Section 22.011(e), Penal Code, to provide that it is an
affirmative defense to prosecution for sexual assault of a child that the
actor was younger than 16 years of age and was not more than two years
older than the victim if the victim was 14 years of age or younger. 

SECTION 2.  Amends Section 22.021, Penal Code, by adding Subsection (f), as
follows: 

(f)  Provides that it is an affirmative defense to prosecution for
aggravated sexual assault that the actor was younger than 16 years of age
and was not more than two years older than the victim if the victim was 14
years of age or younger. 

SECTION 3.  Amends Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, by adding
Article 62.13, as follows: 

Art. 62.13.  EXEMPTION FOR CERTAIN REPORTABLE ADJUDICATIONS.  (a)
Authorizes a person to petition the district court in the county of
adjudication for an order exempting the person from sex offender
registration requirements if the person has a reportable adjudication for
an offense committed when the person was younger than 14 years of age.   

(b)  Requires the court, on filing of such a petition, to hold a hearing to
determine if good cause exists to exempt the practitioner from the
registration requirements.  Authorizes the court to consider the nature of
the conduct on which the adjudication is based, any victim impact
statements, the opinion of the prosecuting attorney, the prospects of
adequate protection of the public, the likelihood of the rehabilitation of
the petitioner, the likelihood that the petitioner will engage in the same
or similar conduct, and any information obtained from psychological testing
of the petitioner or treatment of the petitioner provided by a registered
sex offender treatment provider.   

(c)  Provides that the petitioner has the burden of establishing good cause
for an exemption.    
 
SECTION 4.  (a)  Makes application of SECTIONS 1 and 2 of this Act
prospective.   

(b)  Provides that the change in law made by SECTION 3 of this Act applies
to a person with a reportable adjudication on or after the effective date
of this Act without regard to whether the adjudication occurred before, on,
or after that date. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.