By: Thompson, S. H.B. No. 1147 73R2160 CLG-D 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, or 25.02, Penal 1-11 Code, the court shall require as a condition of probation that the 1-12 person pay to the probation officer supervising the person a 1-13 probation fee of $9 each month during the period of probation. The 1-14 fee is in addition to court costs or any other fee imposed on the 1-15 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, or 25.02, Penal Code, pay to the pardons and paroles 2-5 division a parole supervision fee of $9 each month during the 2-6 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.