BILL ANALYSIS



C.S.S.B. 111
By: Shapiro (Combs)
5-15-95
Committee Report (Substituted)


BACKGROUND

Currently, there is no mechanism in statute that prevents a
convicted pedophile from participating in programs or going to
areas designated for children.

PURPOSE

As proposed, C.S.S.B. 111 provides for conditions of community
supervision, parole, and release on mandatory supervision for
defendants charged with or convicted of certain sexual offenses
against or involving children.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Article 42.12, Code of Criminal
Procedure, by amending Subsection (b) and adding Subsection (f) as
follows:

     (b) provides an exception for Subsection (f).

     (f) establishes a minimum period of community supervision for
     a felony described by Section 13B(b) as five years and the
     maximum period of supervision as 10 years. 

SECTION 2.  Amends Sections 5(a) and (c), Article 42.12, Code of
Criminal Procedure, as follows:

     (a) prohibits the period of community supervision for a
     defendant charged with an offense described by Section 13B(b)
     of this article, from being less than five years.

     (c) exempts defendants charged with an offense under Section
     13B(b) of this article from having proceedings dismissed by a
     judge.  Authorizes a judge to dismiss the proceedings and
     discharge a defendant charged with a felony under Section
     13B(b) if in the judge's opinion the best interest of society
     and defendant will be served, and the defendant has
     successfully completed at least two-thirds of community
     supervision period.

SECTION 3.  Amends Article 42.12, Code of Criminal Procedure, by
adding Section 13B, as follows: 

Sec. 13B.  DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR SEXUAL
OFFENSES AGAINST CHILDREN.

(a)  (1) requires a judge to establish a child safety zone
     applicable to a defendant if the judge grants community
     supervision to a defendant described by Subsection (b) and
     determines that a child was the victim of the offense by
     requiring as a condition of community supervision that the
     defendant not supervise or participate in any program that
     includes children 17 years of age or younger and that
     regularly provides athletic, civic, or cultural activities; or
     go in, on, or within a distance specified by the judge of a
     premises where children commonly gather.

     (2) requires the defendant to attend psychological counseling
     sessions for sex offenders with a provider specified by or
     approved by the judge or the community supervision and
     corrections department officer supervising the defendant.

(b) makes section applicable to a defendant placed on community
supervision for an offense under Sections 43.25, 43.26, 21.08,
21.11, 22.011, 22.021, or 25.02, Penal Code; under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or under
Section 30.02, Penal Code, if the defendant committed the offense
with the intent to commit a felony listed in Subdivision (2) or (3)
of this subsection.

(c) requires a community supervision and corrections department
officer who specifies a sex offender treatment provider to contact
the provider before the defendant is released, establish the date,
time, and place of the first session, and request the provider to
notify the officer immediately if the defendant fails to attend the
first session or any subsequent scheduled session.

(d) provides that a judge is not required to impose the conditions
described by Subsection (a)(1) if the defendant is a student at a
primary or secondary school.

(e) authorizes a defendant, at any time after the imposition of a
condition under Subsection (a)(1), to request that the court modify
the applicable child safety zone because it interferes with the
defendant's ability to attend school or hold a job and consequently
constitutes an undue hardship for the defendant.

(f) sets forth provisions under which a community supervision and
corrections department officer supervising a defendant is
authorized to permit the defendant to enter on an event-by-event
basis into the child safety zone from which the defendant is
otherwise prohibited.

(g) provides that Section 10(a) does not prohibit a community
supervision and corrections department officer from altering a
condition of community supervision by permitting a defendant to
enter a child safety zone under Subsection (f).

(h) assigns definitions to "playground," "premises," "school,"
"video arcade facility," and "youth center" from Section 481.134,
Health and Safety Code.

SECTION 4.  Amends Section 8, Article 42.18, Code of Criminal
Procedure (COMMUNITY SUPERVISION), by adding Subsection (u), as
follows:

(u)  (1)   requires a parole panel to establish a child safety zone
           applicable to an inmate described by Subdivision (2) if
           the panel determines that a child was the victim of the
           offense by requiring as a condition of parole or release
           to mandatory supervision that the inmate:

               (A) not supervise or participate in any program
               that includes as participants or recipients
               children 17 years of age or younger and that
               regularly provides athletic, civic, or cultural
               activities; or go in, on, or within a distance
               specified by the panel of a premises where children
               commonly gather.

               (B) attend psychological counseling sessions for
               sex offenders with a sex offender treatment
               provider specified by the parole officer
               supervising the parolee after release.

     (2) makes this section applicable to a defendant serving a
     sentence for an offense:  under Sections 43.25, 43.26, 21.11,
     22.011, 22.021, or 25.02, Penal Code; under Section
     20.04(a)(4), Penal Code, if the defendant committed the
     offense with the intent to violate or abuse the victim
     sexually; or under Section 30.02, Penal Code, if the inmate
     committed the offense with the intent to commit a felony
     listed in Paragraph (B) or (C) of this subdivision.

     (3) requires a parole officer who under Subdivision (1)(B)
     specifies a sex offender treatment provider to contact the
     provider before the inmate is released, establish the date,
     time, and place of the first session, and request the provider
     to notify the officer immediately if the inmate fails to
     attend the first session or any subsequent sessions.

     (4) authorizes the inmate, at any time after the imposition of
     a condition under Subdivision (1)(A), to request the parole
     panel to modify the child safety zone applicable to the inmate
     because the zone as created by the panel interferes with the
     inmate's ability to attend school or hold a job and
     consequently constitutes an undue hardship for the inmate.

     (5) sets forth provisions under which a parole officer
     supervising an inmate may permit the inmate to enter on an
     event-by-event basis into the child safety zone from which the
     inmate is otherwise prohibited from entering.

     (6) assigns definitions to "playground," "premises," "school,"
     "video arcade facility," and "youth center" as listed in
     Section 481.134, Health and Safety Code.

SECTION 5.  Amends Chapter 493, Government Code, by adding Section
493.017 as follows:

Sec. 493.017.  REPORTS ON SEX OFFENDER TREATMENT.

     (a) requires a sex offender correction program that provides
     sessions for an offender under Section 13B, Article 42.12,
     Code of Criminal Procedure, to report to the community
     supervision and corrections department officer no later than
     the 15th day of each month, certain information about the
     offender.

     (b) requires a sex offender correction program that provides
     sessions under Section 8(u), Article 42.18, Code of Criminal
     Procedure, to report to the parole officer no later than the
     15th day of each month, certain information about the
     offender.

SECTION 6.  Requires a sex offender correction program to make the
first monthly report required by Section 493.017, Government Code,
as added by this Act, no later than October 15, 1995.

SECTION 7.

     (a) Change in law made by this Act applies only to a defendant
     charged with an offense committed on or after the effective
     date of the Act.

     (b Makes effect of the Act prospective.

SECTION 8.  Effective date:  September 1, 1995.

SECTION 9.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the substitute no longer amends Subsection (c),
Section 3, Article 42.12, Code of Criminal Procedure.  This
subsection defines maximum period of community supervision for
misdemeanor cases.

SECTION 2 of the substitute replaces "offense" with "felony" in
language added relating to minimum period of community supervision
for defendants charged under Section 13B(b) of the article.

SECTION 2 of the substitute adds language allowing the judge to
dismiss the proceedings and discharge a defendant charged with a
felony under Section 13B(b) only if in the judge's opinion the best
interest of society and the defendant will be served and the
defendant has successfully completed at least two-thirds of
community supervision.

SECTION 3 of the substitute deletes the requirement that a sex
offender treatment provider be a statewide, nonprofit, volunteer-based organization that has at least eight years experience in
supervising mutual help sex offender correction groups in Texas
prisons.

SECTION 4 of the substitute deletes the requirement that a sex
offender treatment provider meet certain criteria.

SECTION 5 of the substitute is added to amend Chapter 493,
Government Code, by adding Section 493.017 - REPORTS ON SEX
OFFENDER TREATMENT.  This section requires sex offender correction
programs to report each month certain information on the offender.

SECTION 6 of the substitute is added requiring a sex offender
correction program to make the first monthly report required by
Section 493.017, Government Code, no later than October 15, 1995.

SUMMARY OF COMMITTEE ACTION

SB 111 was considered by the full committee in a public hearing on
May 3, 1995.  The bill was left pending.  SB 111 was considered by
the full committee in a formal meeting on May 15, 1995.  The
committee considered a complete substitute for the bill.  The
substitute was adopted without objection.  SB 111 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2
absent.