By: Shapiro, Sims S.B. No. 111
A BILL TO BE ENTITLED
AN ACT
1-1 relating to conditions of community supervision, parole, and
1-2 release on mandatory supervision for defendants charged with or
1-3 convicted of certain sexual offenses against or involving children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Article 42.12, Code of Criminal
1-6 Procedure, is amended by amending Subsections (b) and (c) and by
1-7 adding Subsection (f) to read as follows:
1-8 (b) Except as provided by Subsection (f), in <In> a felony
1-9 case the minimum period of community supervision is the same as the
1-10 minimum term of imprisonment applicable to the offense and the
1-11 maximum period of community supervision is 10 years.
1-12 (c) Except as provided by Subsection (f), the <The> maximum
1-13 period of community supervision in a misdemeanor case is two years.
1-14 (f) The minimum period of community supervision for a felony
1-15 described by Section 13B(b) is five years and the maximum period of
1-16 supervision is 10 years.
1-17 SECTION 2. Subsections (a) and (c), Section 5, Article
1-18 42.12, Code of Criminal Procedure, are amended to read as follows:
1-19 (a) Except as provided by Subsection (d) of this section,
1-20 when in the judge's opinion the best interest of society and the
1-21 defendant will be served, the judge may, after receiving a plea of
1-22 guilty or plea of nolo contendere, hearing the evidence, and
1-23 finding that it substantiates the defendant's guilt, defer further
1-24 proceedings without entering an adjudication of guilt, and place
2-1 the defendant on community supervision. The judge shall inform the
2-2 defendant orally or in writing of the possible consequences under
2-3 Subsection (b) of this section of a violation of community
2-4 supervision. If the information is provided orally, the judge must
2-5 record and maintain the judge's statement to the defendant. In a
2-6 felony case, the period of community supervision may not exceed 10
2-7 years. For a defendant charged with an offense described by
2-8 Section 13B(b) of this article, the period of community supervision
2-9 may not be less than five years. In a misdemeanor case, the period
2-10 of community supervision may not exceed two years. A judge may
2-11 increase the maximum period of community supervision in the manner
2-12 provided by Section 22(c) of this article. The judge may impose a
2-13 fine applicable to the offense and require any reasonable
2-14 conditions of community supervision, including mental health
2-15 treatment under Section 11(d) of this article, that a judge could
2-16 impose on a defendant placed on community supervision for a
2-17 conviction that was probated and suspended, including confinement.
2-18 However, upon written motion of the defendant requesting final
2-19 adjudication filed within 30 days after entering such plea and the
2-20 deferment of adjudication, the judge shall proceed to final
2-21 adjudication as in all other cases.
2-22 (c) On expiration of a community supervision period imposed
2-23 under Subsection (a) of this section, if the judge has not
2-24 proceeded to adjudication of guilt, the judge shall dismiss the
2-25 proceedings against the defendant and discharge him. The judge may
2-26 dismiss the proceedings and discharge a <the> defendant, other than
2-27 a defendant charged with an offense described by Section 13B(b) of
3-1 this article, prior to the expiration of the term of community
3-2 supervision if in the judge's opinion the best interest of society
3-3 and the defendant will be served. A dismissal and discharge under
3-4 this section may not be deemed a conviction for the purposes of
3-5 disqualifications or disabilities imposed by law for conviction of
3-6 an offense, except that:
3-7 (1) upon conviction of a subsequent offense, the fact
3-8 that the defendant had previously received community supervision
3-9 with a deferred adjudication of guilt shall be admissible before
3-10 the court or jury to be considered on the issue of penalty;
3-11 (2) if the defendant is an applicant for a license or
3-12 is a licensee under Chapter 42, Human Resources Code, the Texas
3-13 Department of Human Services may consider the fact that the
3-14 defendant previously has received community supervision with a
3-15 deferred adjudication of guilt under this section in issuing,
3-16 renewing, denying, or revoking a license under that chapter; and
3-17 (3) if the defendant is a person who has applied for
3-18 registration to provide mental health or medical services for the
3-19 rehabilitation of sex offenders, the Interagency Council on Sex
3-20 Offender Treatment may consider the fact that the defendant has
3-21 received probation under this section in issuing, renewing,
3-22 denying, or revoking a license or registration issued by that
3-23 council.
3-24 SECTION 3. Article 42.12, Code of Criminal Procedure, is
3-25 amended by adding Section 13B to read as follows:
3-26 Sec. 13B. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
3-27 SEXUAL OFFENSES AGAINST CHILDREN. (a) If a judge grants community
4-1 supervision to a defendant described by Subsection (b) and the
4-2 judge determines that a child as defined by Section 22.011(c),
4-3 Penal Code, was the victim of the offense, the judge shall
4-4 establish a child safety zone applicable to the defendant by
4-5 requiring as a condition of community supervision that the
4-6 defendant:
4-7 (1) not:
4-8 (A) supervise or participate in any program that
4-9 includes as participants or recipients persons who are 17 years of
4-10 age or younger and that regularly provides athletic, civic, or
4-11 cultural activities; or
4-12 (B) go in, on, or within a distance specified by
4-13 the judge of a premises where children commonly gather, including a
4-14 school, day-care facility, playground, public or private youth
4-15 center, public swimming pool, or video arcade facility; and
4-16 (2) attend psychological counseling sessions for sex
4-17 offenders with a sex offender treatment provider specified by or
4-18 approved by the judge or the community supervision and corrections
4-19 department officer supervising the defendant. Such provider
4-20 includes a sex offender correction program conducted by a
4-21 statewide, nonprofit, volunteer-based organization that has at
4-22 least eight years experience in supervising mutual help sex
4-23 offender correction groups in Texas prisons and within Texas
4-24 communities for the purpose of reducing sex offender recidivism.
4-25 (b) This section applies to a defendant placed on community
4-26 supervision for an offense:
4-27 (1) under Section 43.25 or 43.26, Penal Code;
5-1 (2) under Section 21.08, 21.11, 22.011, 22.021, or
5-2 25.02, Penal Code;
5-3 (3) under Section 20.04(a)(4), Penal Code, if the
5-4 defendant committed the offense with the intent to violate or abuse
5-5 the victim sexually; or
5-6 (4) under Section 30.02, Penal Code, punishable under
5-7 Subsection (d) of that section, if the defendant committed the
5-8 offense with the intent to commit a felony listed in Subdivision
5-9 (2) or (3) of this subsection.
5-10 (c) A community supervision and corrections department
5-11 officer who under Subsection (a)(2) specifies a sex offender
5-12 treatment provider to provide counseling to a defendant shall
5-13 contact the provider before the defendant is released, establish
5-14 the date, time, and place of the first session between the
5-15 defendant and the provider, and request the provider to immediately
5-16 notify the officer if the defendant fails to attend the first
5-17 session or any subsequent scheduled session.
5-18 (d) Notwithstanding Subsection (a)(1), a judge is not
5-19 required to impose the conditions described by Subsection (a)(1) if
5-20 the defendant is a student at a primary or secondary school.
5-21 (e) At any time after the imposition of a condition under
5-22 Subsection (a)(1), the defendant may request the court to modify
5-23 the child safety zone applicable to the defendant because the zone
5-24 as created by the court interferes with the ability of the
5-25 defendant to attend school or hold a job and consequently
5-26 constitutes an undue hardship for the defendant.
5-27 (f) A community supervision and corrections department
6-1 officer supervising a defendant described by Subsection (b) may
6-2 permit the defendant to enter on an event-by-event basis into the
6-3 child safety zone from which the defendant is otherwise prohibited
6-4 from entering if:
6-5 (1) the defendant has served at least two years of the
6-6 period of community supervision;
6-7 (2) the defendant enters the zone as part of a program
6-8 to reunite with the defendant's family;
6-9 (3) the defendant presents to the officer a written
6-10 proposal specifying where the defendant intends to go within the
6-11 zone, why and with whom the defendant is going, and how the
6-12 defendant intends to cope with any stressful situations that occur;
6-13 (4) the sex offender treatment provider treating the
6-14 defendant agrees with the officer that the defendant should be
6-15 allowed to attend the event; and
6-16 (5) the officer and the treatment provider agree on a
6-17 chaperon to accompany the defendant and the chaperon agrees to
6-18 perform that duty.
6-19 (g) Section 10(a) does not prohibit a community supervision
6-20 and corrections department officer from altering a condition of
6-21 community supervision by permitting a defendant to enter a child
6-22 safety zone under Subsection (f).
6-23 (h) In this section, "playground," "premises," "school,"
6-24 "video arcade facility," and "youth center" have the meanings
6-25 assigned by Section 481.134, Health and Safety Code.
6-26 SECTION 4. Section 8, Article 42.18, Code of Criminal
6-27 Procedure, is amended by adding Subsection (u) to read as follows:
7-1 (u)(1) A parole panel shall establish a child safety zone
7-2 applicable to an inmate described by Subdivision (2) if the panel
7-3 determines that a child as defined by Section 22.011(c), Penal
7-4 Code, was the victim of the offense by requiring as a condition of
7-5 parole or release to mandatory supervision that the inmate:
7-6 (A) not:
7-7 (i) supervise or participate in any
7-8 program that includes as participants or recipients persons who are
7-9 17 years of age or younger and that regularly provides athletic,
7-10 civic, or cultural activities; or
7-11 (ii) go in, on, or within a distance
7-12 specified by the panel of a premises where children commonly
7-13 gather, including a school, day-care facility, playground, public
7-14 or private youth center, public swimming pool, or video arcade
7-15 facility; and
7-16 (B) attend psychological counseling sessions for
7-17 sex offenders with a sex offender treatment provider specified by
7-18 the parole officer supervising the parolee after release. Such
7-19 provider includes a sex offender correction program conducted by a
7-20 statewide, nonprofit, volunteer-based organization that has at
7-21 least eight years experience in supervising mutual help sex
7-22 offender correction groups in Texas prisons and within Texas
7-23 communities for the purpose of reducing sex offender recidivism.
7-24 (2) This section applies to an inmate serving a
7-25 sentence for an offense:
7-26 (A) under Section 43.25 or 43.26, Penal Code;
7-27 (B) under Section 21.11, 22.011, 22.021, or
8-1 25.02, Penal Code;
8-2 (C) under Section 20.04(a)(4), Penal Code, if
8-3 the inmate committed the offense with the intent to violate or
8-4 abuse the victim sexually; or
8-5 (D) under Section 30.02, Penal Code, punishable
8-6 under Subsection (d) of that section, if the inmate committed the
8-7 offense with the intent to commit a felony listed in Paragraph (B)
8-8 or (C) of this subdivision.
8-9 (3) A parole officer who under Subdivision (1)(B)
8-10 specifies a sex offender treatment provider to provide counseling
8-11 to an inmate shall contact the provider before the inmate is
8-12 released, establish the date, time, and place of the first session
8-13 between the inmate and the provider, and request the provider to
8-14 immediately notify the officer if the inmate fails to attend the
8-15 first session or any subsequent scheduled session.
8-16 (4) At any time after the imposition of a condition
8-17 under Subdivision (1)(A), the inmate may request the parole panel
8-18 to modify the child safety zone applicable to the inmate because
8-19 the zone as created by the panel interferes with the ability of the
8-20 inmate to attend school or hold a job and consequently constitutes
8-21 an undue hardship for the inmate.
8-22 (5) A parole officer supervising an inmate described
8-23 by Subdivision (2) may permit the inmate to enter on an
8-24 event-by-event basis into the child safety zone from which the
8-25 inmate is otherwise prohibited from entering if:
8-26 (A) the inmate has served at least two years of
8-27 the period of supervision imposed on release;
9-1 (B) the inmate enters the zone as part of a
9-2 program to reunite with the inmate's family;
9-3 (C) the inmate presents to the parole officer a
9-4 written proposal specifying where the inmate intends to go within
9-5 the zone, why and with whom the inmate is going, and how the inmate
9-6 intends to cope with any stressful situations that occur;
9-7 (D) the sex offender treatment provider treating
9-8 the inmate agrees with the officer that the inmate should be
9-9 allowed to attend the event; and
9-10 (E) the officer and the treatment provider agree
9-11 on a chaperon to accompany the inmate, and the chaperon agrees to
9-12 perform that duty.
9-13 (6) In this subsection, "playground," "premises,"
9-14 "school," "video arcade facility," and "youth center" have the
9-15 meanings assigned by Section 481.134, Health and Safety Code.
9-16 SECTION 5. (a) The change in law made by this Act applies
9-17 only to a defendant charged with or convicted of an offense
9-18 committed on or after the effective date of this Act. For purposes
9-19 of this section, an offense is committed before the effective date
9-20 of this Act if any element of the offense occurs before the
9-21 effective date.
9-22 (b) A defendant charged with or convicted of an offense
9-23 committed before the effective date of this Act is covered by the
9-24 law in effect when the offense was committed, and the former law is
9-25 continued in effect for that purpose.
9-26 SECTION 6. This Act takes effect September 1, 1995.
9-27 SECTION 7. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended.