By Thompson of Harris H.B. No. 1147
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of a fee on sex offenders as a condition
1-3 of probation or release on parole or to mandatory supervision to
1-4 fund certain sexual assault programs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22, Article 42.12, Code of Criminal
1-7 Procedure, is amended by adding Subsections (e) and (f) to read as
1-8 follows:
1-9 (e) If the court grants probation to a person convicted of
1-10 an offense under Section 21.11, 22.011, 22.021, 25.02, 21.08,
1-11 25.06, 43.25, or 43.26, Penal Code, the court shall require as a
1-12 condition of probation that the person pay to the probation officer
1-13 supervising the person a probation fee of $9 each month during the
1-14 period of probation. The fee is in addition to court costs or any
1-15 other fee imposed on the person.
1-16 (f) A probation department shall remit fees collected under
1-17 Subsection (e) of this section to the comptroller. The comptroller
1-18 shall deposit the fees in the general revenue fund to the credit of
1-19 the sexual assault program fund established by Section 44.0061,
1-20 Health and Safety Code.
1-21 SECTION 2. Section 8, Article 42.18, Code of Criminal
1-22 Procedure, is amended by adding Subsections (o) and (p) to read as
1-23 follows:
1-24 (o) In addition to other conditions and fees imposed by a
2-1 parole panel under this article, the parole panel shall require as
2-2 a condition of parole or release to mandatory supervision that a
2-3 prisoner convicted of an offense under Section 21.11, 22.011,
2-4 22.021, 25.02, 21.08, 25.06, 43.25, or 43.26, Penal Code, pay to
2-5 the pardons and paroles division a parole supervision fee of $9
2-6 each month during the period of parole supervision.
2-7 (p) The pardons and paroles division shall remit fees
2-8 collected under Subsection (o) of this section to the comptroller.
2-9 The comptroller shall deposit the fees in the general revenue fund
2-10 to the credit of the sexual assault program fund established by
2-11 Section 44.0061, Health and Safety Code.
2-12 SECTION 3. Subchapter A, Chapter 44, Health and Safety Code,
2-13 is amended by adding Section 44.0061 to read as follows:
2-14 Sec. 44.0061. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual
2-15 assault program fund is a special account in the general revenue
2-16 fund.
2-17 (b) The fund consists of fees collected under Section 22(e),
2-18 Article 42.12, and Section 8(o), Article 42.18, Code of Criminal
2-19 Procedure.
2-20 (c) The legislature may appropriate money deposited to the
2-21 credit of the fund only to the department to finance the grant
2-22 program created by this chapter.
2-23 SECTION 4. (a) The change in law made by this Act applies
2-24 only to a defendant granted probation or released on parole or to
2-25 mandatory supervision for an offense committed on or after the
2-26 effective date of this Act. For purposes of this section, an
2-27 offense is committed before the effective date of this Act if any
3-1 element of the offense occurs before the effective date.
3-2 (b) A defendant granted probation or released on parole or
3-3 to mandatory supervision for an offense committed before the
3-4 effective date of this Act is covered by the law in effect when the
3-5 offense was committed, and the former law is continued in effect
3-6 for that purpose.
3-7 SECTION 5. This Act takes effect September 1, 1993.
3-8 SECTION 6. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.