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.