By Driver, Allen H.B. No. 236
74R1199 PEP-D
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, mandatory supervision, or community
1-4 supervision for certain offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11, Article 42.12, Code of Criminal
1-7 Procedure, is amended by adding Subsection (k) and amending
1-8 Subsection (l) to read as follows:
1-9 (k) If a judge places a defendant on community supervision,
1-10 the judge shall require as a condition of community supervision
1-11 that the defendant not communicate directly or indirectly with a
1-12 victim of the offense or go to or near a residence, school, place
1-13 of employment, business, or other location, as specifically
1-14 described in the copy of conditions, frequented by a victim. At
1-15 any time after the defendant is placed on community supervision, a
1-16 victim of the offense or a legal representative of the victim may
1-17 petition the judge for a modification of the conditions of the
1-18 defendant's community supervision allowing the defendant contact
1-19 with the victim subject to reasonable restrictions. To the extent
1-20 that a condition imposed under this subsection conflicts with an
1-21 existing court order granting possession of or access to a child,
1-22 the condition imposed under this subsection prevails for a period
1-23 specified by the court not to exceed 90 days. In this subsection,
1-24 "victim" has the meaning assigned by Article 56.01.
2-1 (l)(1) If the judge places on community supervision <court
2-2 grants probation to> a defendant <person> convicted of an offense
2-3 under Section 42.07(a)(7), Penal Code, the judge shall <court may>
2-4 require as a condition of community supervision <probation> that
2-5 the defendant <probationer> may not:
2-6 (A) communicate directly or indirectly with the
2-7 victim; or
2-8 (B) go to or near the residence, place of
2-9 employment, or business of the victim or to or near a school,
2-10 day-care facility, or similar facility where a dependent child of
2-11 the victim is in attendance.
2-12 (2) In establishing the conditions of community
2-13 supervision for a defendant convicted of an offense under Section
2-14 42.07(a)(7), Penal Code <If the court requires the prohibition
2-15 contained in Subdivision (1)(B) of this subsection as a condition
2-16 of probation>, the judge <court> shall specifically describe the
2-17 prohibited locations and the minimum distances, if any, that the
2-18 defendant <probationer> must maintain from the locations.
2-19 SECTION 2. Subsection (o), Section 8, Article 42.18, Code of
2-20 Criminal Procedure, as added by Section 5, Chapter 10, Acts of the
2-21 73rd Legislature, 1993, is amended to read as follows:
2-22 (o)(1) In addition to other conditions imposed by a parole
2-23 panel under this article, the parole panel shall <may> require as a
2-24 condition of parole or release to mandatory supervision that an
2-25 inmate serving a sentence for an offense under Section 42.07(a)(7),
2-26 Penal Code, <may> not:
2-27 (A) communicate directly or indirectly with the
3-1 victim; or
3-2 (B) go to or near the residence, place of
3-3 employment, or business of the victim or to or near a school,
3-4 day-care facility, or similar facility where a dependent child of
3-5 the victim is in attendance.
3-6 (2) In establishing the conditions of parole or
3-7 mandatory supervision for an inmate serving a term of imprisonment
3-8 for conviction of an offense under Section 42.07(a)(7), Penal Code
3-9 <If a parole panel requires the prohibition contained in
3-10 Subdivision (1)(B) of this subsection as a condition of parole or
3-11 release to mandatory supervision>, the parole panel shall
3-12 specifically describe the prohibited locations and the minimum
3-13 distances, if any, that the inmate must maintain from the
3-14 locations.
3-15 SECTION 3. Article 42.18, Code of Criminal Procedure, is
3-16 amended by adding Section 8B to read as follows:
3-17 Sec. 8B. NO CONTACT WITH VICTIM. (a) If a parole panel
3-18 releases a defendant on parole or to mandatory supervision, the
3-19 panel shall require as a condition of parole or mandatory
3-20 supervision that the defendant not communicate directly or
3-21 indirectly with a victim of the offense or go near a residence,
3-22 school, place of employment, business, or other location, as
3-23 specifically described in the copy of conditions, frequented by a
3-24 victim. At any time after the defendant is released on parole or
3-25 to mandatory supervision, a victim of the offense or a legal
3-26 representative of the victim may petition the panel for a
3-27 modification of the conditions of the defendant's parole or
4-1 mandatory supervision allowing the defendant contact with the
4-2 victim subject to reasonable restrictions.
4-3 (b) To the extent that a condition imposed under this
4-4 section conflicts with an existing court order granting possession
4-5 of or access to a child, the condition imposed under this section
4-6 prevails for a period specified by the panel not to exceed 90 days.
4-7 (c) In this section, "victim" has the meaning assigned by
4-8 Article 56.01.
4-9 SECTION 4. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force from and after its
4-15 passage, and it is so enacted.