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.