By Shapiro                                              S.B. No. 51
       74R1451 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an affirmative finding of sexual motivation and to a
    1-3  requirement that certain inmates participate in sex offender
    1-4  treatment as a condition to earning good conduct time.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 42, Code of Criminal Procedure, is
    1-7  amended by adding Article 42.015 to read as follows:
    1-8        Art. 42.015.  FINDING OF SEXUAL MOTIVATION.  In the trial of
    1-9  an offense, the court shall make an affirmative finding of fact and
   1-10  enter the affirmative finding in the judgment in the case if the
   1-11  court determines that the defendant committed the offense with an
   1-12  intent to arouse or gratify the sexual desire of:
   1-13              (1)  the defendant, if at the time of the offense the
   1-14  object of the desire was a person younger than 17 years of age; or
   1-15              (2)  any person who at the time of the offense was
   1-16  younger than 17 years of age.
   1-17        SECTION 2.  Article 42.01, Code of Criminal Procedure, is
   1-18  amended by adding Section 7 to read as follows:
   1-19        Sec. 7.  In addition to the information described by Section
   1-20  1, the judgment should reflect affirmative findings entered
   1-21  pursuant to Article 42.015.
   1-22        SECTION 3.  Section 498.003(c), Government Code, is amended
   1-23  to read as follows:
   1-24        (c)(1)  An inmate may not accrue good conduct time during any
    2-1  period the inmate is classified as a Class III inmate or is on
    2-2  parole or under mandatory supervision.
    2-3              (2)  An inmate who is a sex offender may not accrue
    2-4  good conduct time during any period in which the division offers
    2-5  the inmate an opportunity to participate in a sex offender
    2-6  treatment program and the inmate fails to participate in the
    2-7  program, unless the director finds that the inmate is not
    2-8  physically capable of participating in the program.  In this
    2-9  subdivision, "sex offender" means an inmate serving a sentence for
   2-10  an offense:
   2-11                    (A)  under Section 21.11(a)(1), 43.25, or 43.26,
   2-12  Penal Code;
   2-13                    (B)  under Section 22.011, 22.021, or 25.02, if
   2-14  the victim of the offense was younger than 17 years of age at the
   2-15  time of commission of the offense; or
   2-16                    (C)  for which the judgment contains an
   2-17  affirmative finding under Article 42.015, Code of Criminal
   2-18  Procedure.
   2-19        SECTION 4.  (a)  The change in law made by this Act applies
   2-20  only to an offense committed on or after the effective date of this
   2-21  Act.  For purposes of this section, an offense is committed before
   2-22  the effective date of this Act if any element of the offense occurs
   2-23  before the effective date.
   2-24        (b)  An offense committed before the effective date of this
   2-25  Act is covered by the law in effect when the offense was committed,
   2-26  and the former law is continued in effect for that purpose.
   2-27        SECTION 5.  This Act takes effect September 1, 1995.
    3-1        SECTION 6.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.