HBA-CMT H.B. 2480 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2480
By: Lewis, Glenn
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Current law requires a person who is convicted of or receives a deferred
adjudication for certain offenses to register as a sex offender.  House
Bill 2480 allows a court to exempt upon petition certain persons from
registration requirement if the court determines that doing so would not
threaten public safety.    

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 2480 amends the Code of Criminal Procedure to authorize a court
to exempt a defendant or child on conviction of or adjudication for an
offense or conduct requiring sex offender registration on the motion of the
attorney representing the state.   

The bill authorizes a person who is required to register to petition the
court having jurisdiction over the case at any time after the person's
sentencing or disposition hearing for an order exempting the person from
registration.  After receiving a petition for an order of exemption, the
court is required to hold a hearing on whether to exempt the petitioner
from registration.  Both the attorney representing the state and an
attorney for the petitioner are authorized to appear at the hearing, and
the court is authorized to take testimony from any person the court
determines may assist the court in making a finding, including a registered
sex offender treatment provider.  The bill authorizes the court to issue an
order exempting a person from registration if the court finds by a
preponderance of the evidence that the exemption does not threaten public
safety.  The bill authorizes either party in a proceeding to appeal the
court's decision on a registration exemption.  An order of exemption from
registration does not expire, but the court is required to withdraw the
order if the person receives a reportable conviction or adjudication that
requires registration or the court finds that the person is not complying
with any treatment program required as a condition of release from
confinement. 

EFFECTIVE DATE

September 1, 2001.