By:  Smith, Dalton                                     H.B. No. 309
       73R1089 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the imposition of a curfew as a condition of probation
    1-3  for a person convicted of a felony.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11, Article 42.12, Code of Criminal
    1-6  Procedure, is amended by adding Subsection (i) to read as follows:
    1-7        (i)  If a court grants probation to a person convicted for
    1-8  the first time of a felony, the court shall require as a condition
    1-9  of the probation that the person observe a curfew during which time
   1-10  the person must remain at a specified residence of the person daily
   1-11  from 10 p.m. until 6 a.m. for at least 120 days, unless the
   1-12  person's hours of employment conflict with the curfew hours, in
   1-13  which event the court may adjust the curfew to avoid the conflict.
   1-14        SECTION 2.  (a)  The change in law made by this Act applies
   1-15  only to an offense committed on or after the effective date of this
   1-16  Act.  For purposes of this section, an offense is committed before
   1-17  the effective date of this Act if any element of the offense occurs
   1-18  before the effective date.
   1-19        (b)  An offense committed before the effective date of this
   1-20  Act is covered by the law in effect when the offense was committed,
   1-21  and the former law is continued in effect for this purpose.
   1-22        SECTION 3.  This Act takes effect September 1, 1993.
   1-23        SECTION 4.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency   and   an   imperative   public   necessity   that   the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.