S.B. No. 111
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 Subsection (b) and by adding
1-7 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 (f) The minimum period of community supervision for a felony
1-13 described by Section 13B(b) is five years and the maximum period of
1-14 supervision is 10 years.
1-15 SECTION 2. Subsections (a) and (c), Section 5, Article
1-16 42.12, Code of Criminal Procedure, are amended to read as follows:
1-17 (a) Except as provided by Subsection (d) of this section,
1-18 when in the judge's opinion the best interest of society and the
1-19 defendant will be served, the judge may, after receiving a plea of
1-20 guilty or plea of nolo contendere, hearing the evidence, and
1-21 finding that it substantiates the defendant's guilt, defer further
1-22 proceedings without entering an adjudication of guilt, and place
1-23 the defendant on community supervision. The judge shall inform the
1-24 defendant orally or in writing of the possible consequences under
2-1 Subsection (b) of this section of a violation of community
2-2 supervision. If the information is provided orally, the judge must
2-3 record and maintain the judge's statement to the defendant. In a
2-4 felony case, the period of community supervision may not exceed 10
2-5 years. For a defendant charged with a felony under Section 21.11,
2-6 22.011, or 22.021, Penal Code, regardless of the age of the victim,
2-7 and for a defendant charged with a felony described by Section
2-8 13B(b) of this article, the period of community supervision may not
2-9 be less than five years. In a misdemeanor case, the period of
2-10 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. The judge may dismiss the
3-4 proceedings and discharge a defendant charged with a felony
3-5 described by Section 13B(b) of this article only if in the judge's
3-6 opinion the best interest of society and the defendant will be
3-7 served and the defendant has successfully completed at least
3-8 two-thirds of the period of community supervision. A dismissal and
3-9 discharge under this section may not be deemed a conviction for the
3-10 purposes of disqualifications or disabilities imposed by law for
3-11 conviction of an offense, except that:
3-12 (1) upon conviction of a subsequent offense, the fact
3-13 that the defendant had previously received community supervision
3-14 with a deferred adjudication of guilt shall be admissible before
3-15 the court or jury to be considered on the issue of penalty;
3-16 (2) if the defendant is an applicant for a license or
3-17 is a licensee under Chapter 42, Human Resources Code, the Texas
3-18 Department of Human Services may consider the fact that the
3-19 defendant previously has received community supervision with a
3-20 deferred adjudication of guilt under this section in issuing,
3-21 renewing, denying, or revoking a license under that chapter; and
3-22 (3) if the defendant is a person who has applied for
3-23 registration to provide mental health or medical services for the
3-24 rehabilitation of sex offenders, the Interagency Council on Sex
3-25 Offender Treatment may consider the fact that the defendant has
3-26 received probation under this section in issuing, renewing,
3-27 denying, or revoking a license or registration issued by that
4-1 council.
4-2 SECTION 3. Article 42.12, Code of Criminal Procedure, is
4-3 amended by adding Section 13B to read as follows:
4-4 Sec. 13B. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
4-5 SEXUAL OFFENSES AGAINST CHILDREN. (a) If a judge grants community
4-6 supervision to a defendant described by Subsection (b) and the
4-7 judge determines that a child as defined by Section 22.011(c),
4-8 Penal Code, was the victim of the offense, the judge shall
4-9 establish a child safety zone applicable to the defendant by
4-10 requiring as a condition of community supervision that the
4-11 defendant:
4-12 (1) not:
4-13 (A) supervise or participate in any program that
4-14 includes as participants or recipients persons who are 17 years of
4-15 age or younger and that regularly provides athletic, civic, or
4-16 cultural activities; or
4-17 (B) go in, on, or within a distance specified by
4-18 the judge of a premises where children commonly gather, including a
4-19 school, day-care facility, playground, public or private youth
4-20 center, public swimming pool, or video arcade facility; and
4-21 (2) attend psychological counseling sessions for sex
4-22 offenders with an individual or organization which provides sex
4-23 offender treatment or counseling as specified by or approved by the
4-24 judge or the community supervision and corrections department
4-25 officer supervising the defendant.
4-26 (b) This section applies to a defendant placed on community
4-27 supervision for an offense:
5-1 (1) under Section 43.25 or 43.26, Penal Code;
5-2 (2) under Section 21.08, 21.11, 22.011, 22.021, or
5-3 25.02, Penal Code;
5-4 (3) under Section 20.04(a)(4), Penal Code, if the
5-5 defendant committed the offense with the intent to violate or abuse
5-6 the victim sexually; or
5-7 (4) under Section 30.02, Penal Code, punishable under
5-8 Subsection (d) of that section, if the defendant committed the
5-9 offense with the intent to commit a felony listed in Subdivision
5-10 (2) or (3) of this subsection.
5-11 (c) A community supervision and corrections department
5-12 officer who under Subsection (a)(2) specifies a sex offender
5-13 treatment provider to provide counseling to a defendant shall
5-14 contact the provider before the defendant is released, establish
5-15 the date, time, and place of the first session between the
5-16 defendant and the provider, and request the provider to immediately
5-17 notify the officer if the defendant fails to attend the first
5-18 session or any subsequent scheduled session.
5-19 (d) Notwithstanding Subsection (a)(1), a judge is not
5-20 required to impose the conditions described by Subsection (a)(1) if
5-21 the defendant is a student at a primary or secondary school.
5-22 (e) At any time after the imposition of a condition under
5-23 Subsection (a)(1), the defendant may request the court to modify
5-24 the child safety zone applicable to the defendant because the zone
5-25 as created by the court:
5-26 (1) interferes with the ability of the defendant to
5-27 attend school or hold a job and consequently constitutes an undue
6-1 hardship for the defendant; or
6-2 (2) is broader than is necessary to protect the
6-3 public, given the nature and circumstances of the offense.
6-4 (f) A community supervision and corrections department
6-5 officer supervising a defendant described by Subsection (b) may
6-6 permit the defendant to enter on an event-by-event basis into the
6-7 child safety zone from which the defendant is otherwise prohibited
6-8 from entering if:
6-9 (1) the defendant has served at least two years of the
6-10 period of community supervision;
6-11 (2) the defendant enters the zone as part of a program
6-12 to reunite with the defendant's family;
6-13 (3) the defendant presents to the officer a written
6-14 proposal specifying where the defendant intends to go within the
6-15 zone, why and with whom the defendant is going, and how the
6-16 defendant intends to cope with any stressful situations that occur;
6-17 (4) the sex offender treatment provider treating the
6-18 defendant agrees with the officer that the defendant should be
6-19 allowed to attend the event; and
6-20 (5) the officer and the treatment provider agree on a
6-21 chaperon to accompany the defendant and the chaperon agrees to
6-22 perform that duty.
6-23 (g) Section 10(a) does not prohibit a community supervision
6-24 and corrections department officer from altering a condition of
6-25 community supervision by permitting a defendant to enter a child
6-26 safety zone under Subsection (f).
6-27 (h) In this section, "playground," "premises," "school,"
7-1 "video arcade facility," and "youth center" have the meanings
7-2 assigned by Section 481.134, Health and Safety Code.
7-3 SECTION 4. Section 8, Article 42.18, Code of Criminal
7-4 Procedure, is amended by adding Subsection (u) to read as follows:
7-5 (u)(1) A parole panel shall establish a child safety zone
7-6 applicable to an inmate described by Subdivision (2) if the panel
7-7 determines that a child as defined by Section 22.011(c), Penal
7-8 Code, was the victim of the offense by requiring as a condition of
7-9 parole or release to mandatory supervision that the inmate:
7-10 (A) not:
7-11 (i) supervise or participate in any
7-12 program that includes as participants or recipients persons who are
7-13 17 years of age or younger and that regularly provides athletic,
7-14 civic, or cultural activities; or
7-15 (ii) go in, on, or within a distance
7-16 specified by the panel of a premises where children commonly
7-17 gather, including a school, day-care facility, playground, public
7-18 or private youth center, public swimming pool, or video arcade
7-19 facility; and
7-20 (B) attend psychological counseling sessions for
7-21 sex offenders with an individual or organization which provides sex
7-22 offender treatment or counseling as specified by the parole officer
7-23 supervising the parolee after release.
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:
8-20 (A) interferes with the ability of the inmate to
8-21 attend school or hold a job and consequently constitutes an undue
8-22 hardship for the inmate; or
8-23 (B) is broader than necessary to protect the
8-24 public, given the nature and circumstances of the offense.
8-25 (5) A parole officer supervising an inmate described
8-26 by Subdivision (2) may permit the inmate to enter on an
8-27 event-by-event basis into the child safety zone from which the
9-1 inmate is otherwise prohibited from entering if:
9-2 (A) the inmate has served at least two years of
9-3 the period of supervision imposed on release;
9-4 (B) the inmate enters the zone as part of a
9-5 program to reunite with the inmate's family;
9-6 (C) the inmate presents to the parole officer a
9-7 written proposal specifying where the inmate intends to go within
9-8 the zone, why and with whom the inmate is going, and how the inmate
9-9 intends to cope with any stressful situations that occur;
9-10 (D) the sex offender treatment provider treating
9-11 the inmate agrees with the officer that the inmate should be
9-12 allowed to attend the event; and
9-13 (E) the officer and the treatment provider agree
9-14 on a chaperon to accompany the inmate, and the chaperon agrees to
9-15 perform that duty.
9-16 (6) In this subsection, "playground," "premises,"
9-17 "school," "video arcade facility," and "youth center" have the
9-18 meanings assigned by Section 481.134, Health and Safety Code.
9-19 SECTION 5. Chapter 493, Government Code, is amended by
9-20 adding Section 493.017 to read as follows:
9-21 Sec. 493.017. REPORTS ON SEX OFFENDER TREATMENT. (a) A sex
9-22 offender correction program that provides counseling sessions for a
9-23 sex offender under Section 13B, Article 42.12, Code of Criminal
9-24 Procedure, shall report to the community supervision and
9-25 corrections department officer supervising the offender, not later
9-26 than the 15th day of each month, the following information about
9-27 the offender:
10-1 (1) the total number of counseling sessions attended
10-2 by the sex offender during the preceding month; and
10-3 (2) if during the preceding month the sex offender
10-4 terminates participation in the program before completing
10-5 counseling, the reason for the sex offender's termination of
10-6 counseling.
10-7 (b) A sex offender correction program that provides
10-8 counseling sessions for a sex offender under Section 8(u), Article
10-9 42.18, Code of Criminal Procedure, shall report to the parole
10-10 officer supervising the offender, not later than the 15th day of
10-11 each month, the following information about the offender:
10-12 (1) the total number of counseling sessions attended
10-13 by the sex offender during the preceding month; and
10-14 (2) if during the preceding month the sex offender
10-15 terminates participation in the program before completing
10-16 counseling, the reason for the sex offender's termination of
10-17 counseling.
10-18 SECTION 6. A sex offender correction program shall make the
10-19 first monthly report required by Section 493.017, Government Code,
10-20 as added by this Act, not later than October 15, 1995.
10-21 SECTION 7. (a) The change in law made by this Act applies
10-22 only to a defendant charged with an offense committed on or after
10-23 the effective date of this Act. For purposes of this section, an
10-24 offense is committed before the effective date of this Act if any
10-25 element of the offense occurs before the effective date.
10-26 (b) A defendant charged with or convicted of an offense
10-27 committed before the effective date of this Act is covered by the
11-1 law in effect when the offense was committed, and the former law is
11-2 continued in effect for that purpose.
11-3 SECTION 8. This Act takes effect September 1, 1995.
11-4 SECTION 9. The importance of this legislation and the
11-5 crowded condition of the calendars in both houses create an
11-6 emergency and an imperative public necessity that the
11-7 constitutional rule requiring bills to be read on three several
11-8 days in each house be suspended, and this rule is hereby suspended.