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.