By: Hilbert H.B. No. 729 73R3387 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the county in which a defendant released on parole or 1-3 mandatory supervision must reside as a condition of release. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 42.18, Code of Criminal Procedure, is 1-6 amended by adding Section 8A to read as follows: 1-7 Sec. 8A. (a) In addition to other conditions imposed by a 1-8 parole panel under this article, the panel shall require as a 1-9 condition of parole or release to mandatory supervision that the 1-10 defendant reside during the period of parole or mandatory 1-11 supervision in the county in which: 1-12 (1) the defendant resided at the time of committing 1-13 the offense for which the defendant was sentenced to the 1-14 institutional division; or 1-15 (2) the defendant committed the offense for which the 1-16 defendant was sentenced to the institutional division, but only if 1-17 the defendant was not a resident of this state at the time of 1-18 committing the offense. 1-19 (b) A parole panel may require a defendant to reside in a 1-20 county other than the county required by Subsection (a) of this 1-21 section after considering whether the defendant's residence in the 1-22 other county is necessary to: 1-23 (1) protect the life or safety of a victim of the 1-24 defendant's offense, the defendant, a witness in the case, or any 2-1 other person; or 2-2 (2) increase the likelihood of the defendant's 2-3 successful completion of parole or mandatory supervision, because 2-4 of: 2-5 (A) expressions of public concern in the county 2-6 in which the defendant would otherwise be required to reside; 2-7 (B) the presence of family in the other county 2-8 that would give support to the defendant; 2-9 (C) the verified existence of a job offer in the 2-10 other county; or 2-11 (D) the availability of treatment programs or 2-12 other social service programs in the other county that are not 2-13 available in the county in which the defendant would otherwise be 2-14 required to reside. 2-15 (c) At any time after a defendant is released on parole or 2-16 mandatory supervision, a parole panel may modify the conditions of 2-17 parole or release on mandatory supervision to require the defendant 2-18 to reside in a county other than the county required by the 2-19 original conditions. In making a decision under this subsection, a 2-20 parole panel must consider the factors listed in Subsection (b) of 2-21 this section. 2-22 (d) If a parole panel requires the defendant to reside in a 2-23 county other than the county required by Subsection (a) of this 2-24 section, the panel shall state the reason for its decision in 2-25 writing, and place the statement in the defendant's permanent 2-26 record. 2-27 (e) This section does not apply to a decision by a parole 3-1 panel to require a defendant to serve the period of parole or 3-2 mandatory supervision in another state. 3-3 SECTION 2. This Act takes effect September 1, 1993. 3-4 SECTION 3. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.