By: Brimer H.B. No. 119
73R1571 NSC-D
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, psychological counseling
2-11 sessions for the elimination of violent behavior or a battering
2-12 intervention and prevention program. If the court requires the
2-13 probationer to attend counseling or a program, the court shall
2-14 require the probationer to begin attendance not later than the 60th
2-15 day after the date the court grants probation, notify the probation
2-16 officer of the name, address, and phone number of the counselor or
2-17 program, and report the probationer's attendance to the probation
2-18 officer. The court may also require the probationer to pay all or
2-19 a part of the reasonable costs incurred by the victim for
2-20 psychological counseling made necessary by the offense, on a
2-21 finding that the probationer is financially able to make payment.
2-22 The court may order the probationer to make payments under this
2-23 subsection for a period not to exceed one year after the date on
2-24 which the order is entered.
2-25 SECTION 2. (a) The change in law made by this Act applies
2-26 only to an offense committed on or after the effective date of this
2-27 Act. For the purpose of this section, an offense is committed
3-1 before the effective date of this Act if any element of the offense
3-2 occurs before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for this purpose.
3-6 SECTION 3. This Act takes effect September 1, 1993.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.