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
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   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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