BILL ANALYSIS



C.S.H.B. 236
By: Driver
4-27-95
Committee Report (Substituted)


BACKGROUND

Under current state law, a judge or parole panel may, but is not
required to, prohibit contact with a victim as a condition of a
defendant's parole or mandatory supervision.  When this condition
is not required, the criminal may continue to have unlimited
contact with his victim.

PURPOSE

If enacted, C.S.H.B. 236 would prohibit contact with the victim as
a mandatory condition of parole or mandatory supervision for
certain offenders.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (o), Section 8, Article 42.18, Code
of Criminal Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW),
as added by Section 5, Chapter 10, Acts of the 73rd Legislature, by
requiring the parole panel to prohibit contact with the victim as
a condition of parole for a person convicted of a stalking offense.

SECTION 2.  Amends Article 42.18, Code of Criminal Procedure (ADULT
PAROLE AND MANDATORY SUPERVISION LAW), by adding Section 8B as
follows:

Sec. 8B.  NO CONTACT WITH VICTIM.

     (a) Requires a parole panel that releases a defendant on
     parole or to mandatory supervision to prohibit contact with
     the victim as a condition of parole or mandatory supervision;
     permits a victim to petition the parole panel at any time
     after the defendant is placed on parole or mandatory
     supervision to modify conditions of the defendant's parole to
     allow contact.

     (b) Allows condition imposed under this section to prevail no
     longer than 90 days if a condition imposed under this section
     conflicts with an existing court order granting possession of
     or access to a child.

     (c) Defines "victim."

SECTION 3.  Emergency clause.  Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original, amending Section 11, Article 42.12, Code
of Criminal Procedure, is deleted.  This section required judges to
prohibit contact between defendant and victim as a condition of the
former's parole or mandatory supervision.  The following sections
are renumbered accordingly.

SECTION 2 of the substitute deletes the phrase "or a legal
representative of the victim" on page 3, lines 25-26 of the
original.  This eliminates the provision allowing victim's counsel
to petition the parole panel to permit contact, while retaining the
victim's right to petition the panel.


SUMMARY OF COMMITTEE ACTION

HB 236 was considered by the full committee in a public hearing on
April 3, 1995.  The bill was left pending.  HB 236 was considered
by the full committee in a formal meeting on April 27, 1995.  A
complete committee substitute was considered by the committee.  The
substitute was adopted by a non-record vote.  HB 236 was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3
absent.