74R10272 PEP-D
          By Driver                                              H.B. No. 236
          Substitute the following for H.B. No. 236:
          By Talton                                          C.S.H.B. No. 236
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting contact with the victim as a mandatory
    1-3  condition of parole or mandatory supervision for certain offenders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (o), Section 8, Article 42.18, Code of
    1-6  Criminal Procedure, as added by Section 5, Chapter 10, Acts of the
    1-7  73rd Legislature, 1993, is amended to read as follows:
    1-8        (o)(1)  In addition to other conditions imposed by a parole
    1-9  panel under this article, the parole panel shall <may> require as a
   1-10  condition of parole or release to mandatory supervision that an
   1-11  inmate serving a sentence for an offense under Section 42.07(a)(7),
   1-12  Penal Code, <may> not:
   1-13                    (A)  communicate directly or indirectly with the
   1-14  victim; or
   1-15                    (B)  go to or near the residence, place of
   1-16  employment, or business of the victim or to or near a school,
   1-17  day-care facility, or similar facility where a dependent child of
   1-18  the victim is in attendance.
   1-19              (2)  In establishing the conditions of parole or
   1-20  mandatory supervision for an inmate serving a term of imprisonment
   1-21  for conviction of an offense under Section 42.07(a)(7), Penal Code
   1-22  <If a parole panel requires the prohibition contained in
   1-23  Subdivision (1)(B) of this subsection as a condition of parole or
   1-24  release to mandatory supervision>, the parole panel shall
    2-1  specifically describe the prohibited locations and the minimum
    2-2  distances, if any, that the inmate must maintain from the
    2-3  locations.
    2-4        SECTION 2.  Article 42.18, Code of Criminal Procedure, is
    2-5  amended by adding Section 8B to read as follows:
    2-6        Sec. 8B.  NO CONTACT WITH VICTIM.   (a)  If a parole panel
    2-7  releases a defendant on parole or to mandatory supervision, the
    2-8  panel shall require as a condition of parole or mandatory
    2-9  supervision that the defendant not communicate directly or
   2-10  indirectly with a victim of the offense or go near a residence,
   2-11  school, place of employment, business, or other location, as
   2-12  specifically described in the copy of conditions, frequented by a
   2-13  victim.  At any time after the defendant is released on parole or
   2-14  to mandatory supervision, a victim of the offense may petition the
   2-15  panel for a modification of the conditions of the defendant's
   2-16  parole or mandatory supervision allowing the defendant contact with
   2-17  the victim subject to reasonable restrictions.
   2-18        (b)  To the extent that a condition imposed under this
   2-19  section conflicts with an existing court order granting possession
   2-20  of or access to a child, the condition imposed under this section
   2-21  prevails for a period specified by the panel not to exceed 90 days.
   2-22        (c)  In this section, "victim" has the meaning assigned by
   2-23  Article 56.01.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended,
    3-2  and that this Act take effect and be in force from and after its
    3-3  passage, and it is so enacted.