BILL ANALYSIS C.S.S.B. 111 By: Shapiro Criminal Justice 3-22-95 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 Subsections (b) and (c) and by adding Subsection (f), to provide that the minimum period of community supervision for a felony described by Section 13B(b) is five years and the maximum period of supervision is 10 years. Makes conforming changes. SECTION 2. Amends Sections 5(a) and (c), Article 42.12, Code of Criminal Procedure, to prohibit 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. Authorizes a judge to dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense described by Section 13B(b) of this article. 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, if a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child was the victim of the offense, to establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant not supervise or participate in any program that includes as participants or recipients persons who are 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 judge to require as a condition of community supervision that the defendant attend psychological counseling sessions for sex offenders with a sex offender treatment provider specified by or approved by the judge or the community supervision and corrections department officer supervising the defendant. Sets forth provisions for the sex offender treatment provider. (b) Provides that this section applies 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 immediately notify the officer 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 the court to modify the child safety zone applicable to the defendant because the zone as created by the court interferes with the ability of the defendant 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 from entering. (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) Defines "playground," "premises," "school," "video arcade facility," and "youth center." SECTION 4. Amends Section 8, Article 42.18, Code of Criminal Procedure, by adding Subsection (u), as follows: (u)(1)(A) 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 not supervise or participate in any program that includes as participants or recipients persons who are 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) Requires the judge to require as a condition of parole or release to mandatory supervision that the inmate attend psychological counseling sessions for sex offenders with a sex offender treatment provider specified by the parole officer supervising the parolee after release. Sets forth provisions for the sex offender treatment provider. (2) Provides that this section applies to a defendant placed on community supervision 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 immediately notify the officer 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 ability of the inmate 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) Defines "playground," "premises," "school," "video arcade facility," and "youth center." SECTION 5. Makes application of this Act prospective. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause.