73R3519 NSC-F
          By Brimer, et al.                                      H.B. No. 119
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to counseling as a condition of probation for a person who
    1-3  commits family violence.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14, Article 42.12, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        Sec. 14.  CHILD ABUSERS, <AND> SEX OFFENDERS, AND FAMILY
    1-8  VIOLENCE OFFENDERS; SPECIAL CONDITIONS.  (a)  If the court grants
    1-9  probation to a person convicted of an offense described by Article
   1-10  17.41(a) of this code, the court may require as a condition of
   1-11  probation that the defendant not directly communicate with the
   1-12  victim of the offense or go near a residence, school, or other
   1-13  location, as specifically described in the copy of terms and
   1-14  conditions, frequented by the victim.  In imposing the condition,
   1-15  the court may grant the defendant supervised access to the victim.
   1-16  To the extent that a condition imposed under this subsection
   1-17  conflicts with an existing court order granting possession of or
   1-18  access to a child, the condition imposed under this subsection
   1-19  prevails for a period specified by the court granting probation,
   1-20  not to exceed 90 days.
   1-21        (b)  If the court grants probation to a person convicted of
   1-22  an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
   1-23  Code, the court may require the probationer to attend psychological
   1-24  counseling sessions at the direction of the probation officer and
    2-1  may require the probationer to pay all or a part of the reasonable
    2-2  and necessary costs incurred by the victim for psychological
    2-3  counseling made necessary by the offense, upon a finding that the
    2-4  probationer is financially able to make payment.  Any payments
    2-5  ordered under this subsection may not extend past one year from the
    2-6  date of the order.
    2-7        (c)  If the court grants probation to a person convicted of
    2-8  an offense involving family violence, as defined by Section 71.01,
    2-9  Family Code, the court may require the probationer to attend, at
   2-10  the direction of the probation officer, counseling sessions for the
   2-11  elimination of violent behavior  with a licensed counselor, social
   2-12  worker, or other professional who has been trained in family
   2-13  violence intervention or to attend a battering intervention and
   2-14  prevention program.  If the court requires the probationer to
   2-15  attend counseling or a program, the court shall require the
   2-16  probationer to begin attendance not later than the 60th day after
   2-17  the date the court grants probation, notify the probation officer
   2-18  of the name, address, and phone number of the counselor or program,
   2-19  and report the probationer's attendance to the probation officer.
   2-20  The court shall require the probationer to pay all the reasonable
   2-21  costs of the counseling sessions or attendance in the program on a
   2-22  finding that the probationer is financially able to make payment.
   2-23  If the court finds the probationer is unable to make payment, the
   2-24  court shall make the counseling sessions or enrollment in the
   2-25  program available without cost to the probationer.  The court may
   2-26  also require the probationer to pay all or a part of the reasonable
   2-27  costs incurred by the victim for counseling made necessary by the
    3-1  offense, on a finding that the probationer is financially able to
    3-2  make payment.  The court may order the probationer to make payments
    3-3  under this subsection for a period not to exceed one year after the
    3-4  date on which the order is entered.
    3-5        SECTION 2.  (a)  The change in law made by this Act applies
    3-6  only to an offense committed on or after the effective date of this
    3-7  Act.  For the purpose of this section, an offense is committed
    3-8  before the effective date of this Act if any element of the offense
    3-9  occurs before the effective date.
   3-10        (b)  An offense committed before the effective date of this
   3-11  Act is covered by the law in effect when the offense was committed,
   3-12  and the former law is continued in effect for this purpose.
   3-13        SECTION 3.  This Act takes effect September 1, 1993.
   3-14        SECTION 4.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.