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.