By Shapiro                                              S.B. No. 78
       74R2003 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an affirmative finding of sexual motivation and to the
    1-3  eligibility for community supervision for defendants convicted of
    1-4  certain sexual and assaultive offenses against or involving
    1-5  children.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 42, Code of Criminal Procedure, is
    1-8  amended by adding Article 42.015 to read as follows:
    1-9        Art. 42.015.  FINDING OF SEXUAL MOTIVATION.  In the trial of
   1-10  an offense, the court shall make an affirmative finding of fact and
   1-11  enter the affirmative finding in the judgment in the case if the
   1-12  court determines that the defendant committed the offense with an
   1-13  intent to arouse or gratify the sexual desire of:
   1-14              (1)  the defendant, if at the time of the offense the
   1-15  object of the desire was a person younger than 17 years of age; or
   1-16              (2)  any person who at the time of the offense was
   1-17  younger than 17 years of age.
   1-18        SECTION 2.  Article 42.01, Code of Criminal Procedure, is
   1-19  amended by adding Section 7 to read as follows:
   1-20        Sec. 7.  In addition to the information described by Section
   1-21  1, the judgment should reflect affirmative findings entered
   1-22  pursuant to Article 42.015.
   1-23        SECTION 3.  Article 42.12, Code of Criminal Procedure, is
   1-24  amended by adding Section 3h to read as follows:
    2-1        Sec. 3h.  REPEAT SEX OFFENDERS.  (a)  Section 3 does not
    2-2  apply to a defendant convicted of an offense described by
    2-3  Subsection (b) if at the time of committing the offense the
    2-4  defendant was serving a period of community supervision for an
    2-5  offense described by Subsection (b).
    2-6        (b)  This section applies to a defendant convicted of an
    2-7  offense:
    2-8              (1)  under Section 43.25 or 43.26, Penal Code;
    2-9              (2)  under Section 21.08, 21.11, 22.011, 22.021, or
   2-10  25.02, Penal Code, committed against a child who was younger than
   2-11  17 years of age at the time of the commission of the offense; or
   2-12              (3)  for which the judgment contains an affirmative
   2-13  finding under Article 42.015.
   2-14        SECTION 4.  (a)  The change in law made by this Act applies
   2-15  only to the eligibility of a defendant for community supervision
   2-16  for an offense committed on or after the effective date of this
   2-17  Act.  For purposes of this section, an offense is committed before
   2-18  the effective date of this Act if any element of the offense occurs
   2-19  before the effective date.
   2-20        (b)  The eligibility of a defendant for community supervision
   2-21  for an offense committed before the effective date of this Act is
   2-22  covered by the law in effect when the offense was committed, and
   2-23  the former law is continued in effect for that purpose.
   2-24        SECTION 5.  This Act takes effect September 1, 1995.
   2-25        SECTION 6.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.