1-1 By: Brimer, et al. H.B. No. 119
1-2 (Senate Sponsor - Harris of Tarrant)
1-3 (In the Senate - Received from the House March 17, 1993;
1-4 March 18, 1993, read first time and referred to Committee on
1-5 Criminal Justice; May 4, 1993, reported favorably by the following
1-6 vote: Yeas 7, Nays 0; May 4, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to counseling as a condition of probation for a person who
1-19 commits family violence.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 14, Article 42.12, Code of Criminal
1-22 Procedure, is amended to read as follows:
1-23 Sec. 14. CHILD ABUSERS, <AND> SEX OFFENDERS, AND FAMILY
1-24 VIOLENCE OFFENDERS; SPECIAL CONDITIONS. (a) If the court grants
1-25 probation to a person convicted of an offense described by Article
1-26 17.41(a) of this code, the court may require as a condition of
1-27 probation that the defendant not directly communicate with the
1-28 victim of the offense or go near a residence, school, or other
1-29 location, as specifically described in the copy of terms and
1-30 conditions, frequented by the victim. In imposing the condition,
1-31 the court may grant the defendant supervised access to the victim.
1-32 To the extent that a condition imposed under this subsection
1-33 conflicts with an existing court order granting possession of or
1-34 access to a child, the condition imposed under this subsection
1-35 prevails for a period specified by the court granting probation,
1-36 not to exceed 90 days.
1-37 (b) If the court grants probation to a person convicted of
1-38 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
1-39 Code, the court may require the probationer to attend psychological
1-40 counseling sessions at the direction of the probation officer and
1-41 may require the probationer to pay all or a part of the reasonable
1-42 and necessary costs incurred by the victim for psychological
1-43 counseling made necessary by the offense, upon a finding that the
1-44 probationer is financially able to make payment. Any payments
1-45 ordered under this subsection may not extend past one year from the
1-46 date of the order.
1-47 (c) If the court grants probation to a person convicted of
1-48 an offense involving family violence, as defined by Section 71.01,
1-49 Family Code, the court may require the probationer to attend, at
1-50 the direction of the probation officer, counseling sessions for the
1-51 elimination of violent behavior with a licensed counselor, social
1-52 worker, or other professional who has been trained in family
1-53 violence intervention or to attend a battering intervention and
1-54 prevention program. If the court requires the probationer to
1-55 attend counseling or a program, the court shall require the
1-56 probationer to begin attendance not later than the 60th day after
1-57 the date the court grants probation, notify the probation officer
1-58 of the name, address, and phone number of the counselor or program,
1-59 and report the probationer's attendance to the probation officer.
1-60 The court shall require the probationer to pay all the reasonable
1-61 costs of the counseling sessions or attendance in the program on a
1-62 finding that the probationer is financially able to make payment.
1-63 If the court finds the probationer is unable to make payment, the
1-64 court shall make the counseling sessions or enrollment in the
1-65 program available without cost to the probationer. The court may
1-66 also require the probationer to pay all or a part of the reasonable
1-67 costs incurred by the victim for counseling made necessary by the
1-68 offense, on a finding that the probationer is financially able to
2-1 make payment. The court may order the probationer to make payments
2-2 under this subsection for a period not to exceed one year after the
2-3 date on which the order is entered.
2-4 SECTION 2. (a) The change in law made by this Act applies
2-5 only to an offense committed on or after the effective date of this
2-6 Act. For the purpose of this section, an offense is committed
2-7 before the effective date of this Act if any element of the offense
2-8 occurs before the effective date.
2-9 (b) An offense committed before the effective date of this
2-10 Act is covered by the law in effect when the offense was committed,
2-11 and the former law is continued in effect for this purpose.
2-12 SECTION 3. This Act takes effect September 1, 1993.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
2-18 * * * * *
2-19 Austin,
2-20 Texas
2-21 May 4, 1993
2-22 Hon. Bob Bullock
2-23 President of the Senate
2-24 Sir:
2-25 We, your Committee on Criminal Justice to which was referred H.B.
2-26 No. 119, have had the same under consideration, and I am instructed
2-27 to report it back to the Senate with the recommendation that it do
2-28 pass and be printed.
2-29 Whitmire,
2-30 Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 FOR AGAINST ON
2-34 ___________________________________________________________________
2-35 Name: Sandy Kibby x
2-36 Representing: Texas PTA
2-37 City: Austin
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2-39 Name: G. K. Sprinkle x
2-40 Representing: Tx Assoc Against Sex. Assault
2-41 City: Austin
2-42 -------------------------------------------------------------------
2-43 Name: S. C. Van Vlech x
2-44 Representing: Fort Worth Police Dept
2-45 City: Fort Worth
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2-47 Name: Rhonda Cates x
2-48 Representing: Tx Council on Family Violence
2-49 City: Austin
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