workshop item #18 for 6/12/06 agenda

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Exceptions: A person residing within 1000 feet of those places where children commonly gather, as specified herein does not commit a violation of this ordinance if any of the following apply: 1. The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this ordinance. 2. The person was a minor when he/she committed the offinse and was not convicted as an adult. 3. The person is a minor. 4. The premise where children commonly gather, as specified herein, within 1,000 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and complied with all sex offinder registration laws of the State of Texas 5. (Alvin's addition) The person proves that the information on the Database in incorrect and that, if corrected, this chapter would not apply to the person. The exceptions provided by in both of the ordinances seem to address some issues regarding certain sex offenders who may have been convicted prior to the ordinance adoption, and if convicted as a minor. Under the Texas Family Code a child is defined as being less than 18 years of age and the parents are required to support the Child. Under the Texas Penal Code a child is less than 17 years of age and can be prosecuted as an adult at 15. Juveniles who are convicted and are required to register for 10 years after the discharge from supervision. A limitation on Sexual Assault and Indecency with a Child is 10 years past the victim's 18th birthday if the offender committed the offense before his 17th birthday. We have recently presented a case before the District Attorney in which a 25 year old committed an offence when he was 16 years of age. The point being is that there are a number of factors to consider when applying the exceptions. Consider the issue of an individual who was convicted of a sexual offense at the age of 16 and who is now 20 and is relocating to this city. This person would of course have to register and based on the exceptions he can live within the 1,000 foot safety zone. What happens if this same person was classified as a high risk level based on the nature of the offense and the probability of reoccurrence? In this particular case that person upon registering would be published in the paper as a high risk but would still not be in violation of the Brazoria and Alvin ordinances. One of the issues that keeps coming up, and would have to be addressed when presenting this ordinance in an open meeting, would be the circumstances of the sex offender who has to register but is considered a low or medium risk. As an example, a 17 year old boy attends a party and for one reason or another goes off with a young lady he truly believes is of age and they have mutual consenting sex. After the parents fmd out and complain the boy finds that the young lady is only 15 and now he is faced with being charged and subsequently convicted as a sex offender and will be required to register as a sex offender for at least 10 years after being discharged of his probation. This situation is often classified as a low risk offender and this type