By:  Smith, Dalton                                     H.B. No. 311
       73R1087 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a requirement that a defendant released on parole or
    1-3  mandatory supervision reside in the county in which the defendant
    1-4  committed the offense for which the defendant was sentenced.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 42.18, Code of Criminal Procedure, is
    1-7  amended by adding Section 8A to read as follows:
    1-8        Sec. 8A.  (a)  In addition to other conditions imposed by a
    1-9  parole panel under this article, the panel shall require as a
   1-10  condition of parole or release to mandatory supervision that the
   1-11  defendant reside during the period of parole or mandatory
   1-12  supervision in the county in which the offense for which the
   1-13  defendant was sentenced to the institutional division occurred.
   1-14        (b)  A parole panel may require a defendant to reside in a
   1-15  county other than a county described by Subsection (a) of this
   1-16  section after considering whether the defendant's residence in the
   1-17  other county is necessary to:
   1-18              (1)  protect the life or safety of a victim of the
   1-19  defendant's offense, the defendant, a witness in the case, or any
   1-20  other person; or
   1-21              (2)  increase the likelihood of the defendant's
   1-22  successful completion of parole or mandatory supervision, because
   1-23  of:
   1-24                    (A)  expressions of public concern in the county
    2-1  in which the offense occurred;
    2-2                    (B)  the defendant's  residence in the other
    2-3  county before the offense was committed, the presence of family in
    2-4  the other county that would give support to the defendant, or the
    2-5  verified existence of a job offer in the other county; or
    2-6                    (C)  the availability of treatment programs or
    2-7  other social service programs in the other county that are not
    2-8  available in the county in which the offense occurred.
    2-9        (c)  At any time after a defendant is released on parole or
   2-10  mandatory supervision, a parole panel may modify the conditions of
   2-11  parole or release on mandatory supervision to require the defendant
   2-12  to reside in a county other than the county required by the
   2-13  original conditions.  In making a decision under this subsection, a
   2-14  parole panel must consider the factors listed in Subsection (b) of
   2-15  this section.
   2-16        (d)  If a parole panel requires the defendant to reside in a
   2-17  county other than the county in which the offense for which the
   2-18  defendant was sentenced to the institutional division occurred, the
   2-19  panel shall state the reason for its decision in writing and place
   2-20  the statement in the defendant's permanent record.
   2-21        (e)  This section does not apply to a decision by a parole
   2-22  panel to require a defendant to serve the period of parole or
   2-23  mandatory supervision in another state.
   2-24        SECTION 2.  This Act takes effect September 1, 1993.
   2-25        SECTION 3.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency   and   an   imperative   public   necessity   that   the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.