74R13251 GWK-F
          By Shapiro, Sims                                       S.B. No. 111
          Substitute the following for S.B. No. 111:
          By Place                                           C.S.S.B. No. 111
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to conditions of community supervision, parole, and
    1-3  release on mandatory supervision for defendants charged with or
    1-4  convicted of certain sexual offenses against or involving children.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 3, Article 42.12, Code of Criminal
    1-7  Procedure, is amended by amending Subsection (b) and by adding
    1-8  Subsection (f) to read as follows:
    1-9        (b)  Except as provided by Subsection (f), in <In> a felony
   1-10  case the minimum period of community supervision is the same as the
   1-11  minimum term of imprisonment applicable to the offense and the
   1-12  maximum period of community supervision is 10 years.
   1-13        (f)  The minimum period of community supervision for a felony
   1-14  described by Section 13B(b) is five years and the maximum period of
   1-15  supervision is 10 years.
   1-16        SECTION 2.  Subsections (a) and (c), Section 5, Article
   1-17  42.12, Code of Criminal Procedure, are amended to read as follows:
   1-18        (a)  Except as provided by Subsection (d) of this section,
   1-19  when in the judge's opinion the best interest of society and the
   1-20  defendant will be served, the judge may, after receiving a plea of
   1-21  guilty or plea of nolo contendere, hearing the evidence, and
   1-22  finding that it substantiates the defendant's guilt, defer further
   1-23  proceedings without entering an adjudication of guilt, and place
   1-24  the defendant on community supervision.  The judge shall inform the
    2-1  defendant orally or in writing of the possible consequences under
    2-2  Subsection (b) of this section of a violation of community
    2-3  supervision.  If the information is provided orally, the judge must
    2-4  record and maintain the judge's statement to the defendant.  In a
    2-5  felony case, the period of community supervision may not exceed 10
    2-6  years.  For a defendant charged with a felony described by Section
    2-7  13B(b) of this article, the period of community supervision may not
    2-8  be less than five years.  In a misdemeanor case, the period of
    2-9  community supervision may not exceed two years.  A judge may
   2-10  increase the maximum period of community supervision in the manner
   2-11  provided by Section 22(c) of this article.  The judge may impose a
   2-12  fine applicable to the offense and require any reasonable
   2-13  conditions of community supervision, including mental health
   2-14  treatment under Section 11(d) of this article, that a judge could
   2-15  impose on a defendant placed on community supervision for a
   2-16  conviction that was probated and suspended, including confinement.
   2-17  However, upon written motion of the defendant requesting final
   2-18  adjudication filed within 30 days after entering such plea and the
   2-19  deferment of adjudication, the judge shall proceed to final
   2-20  adjudication as in all other cases.
   2-21        (c)  On expiration of a community supervision period imposed
   2-22  under Subsection (a) of this section, if the judge has not
   2-23  proceeded to adjudication of guilt, the judge shall dismiss the
   2-24  proceedings against the defendant and discharge him.  The judge may
   2-25  dismiss the proceedings and discharge a <the> defendant, other than
   2-26  a defendant charged with an offense described by Section 13B(b) of
   2-27  this article, prior to the expiration of the term of community
    3-1  supervision if in the judge's opinion the best interest of society
    3-2  and the defendant will be served.  The judge may dismiss the
    3-3  proceedings and discharge a defendant charged with a felony
    3-4  described by Section 13B(b) of this article only if in the judge's
    3-5  opinion the best interest of society and the defendant will be
    3-6  served and the defendant has successfully completed at least
    3-7  two-thirds of the period of community supervision.  A dismissal and
    3-8  discharge under this section may not be deemed a conviction for the
    3-9  purposes of disqualifications or disabilities imposed by law for
   3-10  conviction of an offense, except that:
   3-11              (1)  upon conviction of a subsequent offense, the fact
   3-12  that the defendant had previously received community supervision
   3-13  with a deferred adjudication of guilt shall be admissible before
   3-14  the court or jury to be considered on the issue of penalty;
   3-15              (2)  if the defendant is an applicant for a license or
   3-16  is a licensee under Chapter 42, Human Resources Code, the Texas
   3-17  Department of Human Services may consider the fact that the
   3-18  defendant previously has received community supervision with a
   3-19  deferred adjudication of guilt under this section in issuing,
   3-20  renewing, denying, or revoking a license under that chapter; and
   3-21              (3)  if the defendant is a person who has applied for
   3-22  registration to provide mental health or medical services for the
   3-23  rehabilitation of sex offenders, the Interagency Council on Sex
   3-24  Offender Treatment may consider the fact that the defendant has
   3-25  received probation under this section in issuing, renewing,
   3-26  denying, or revoking a license or registration issued by that
   3-27  council.
    4-1        SECTION 3.  Article 42.12, Code of Criminal Procedure, is
    4-2  amended by adding Section 13B to read as follows:
    4-3        Sec. 13B.  DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
    4-4  SEXUAL OFFENSES AGAINST CHILDREN.  (a)  If a judge grants community
    4-5  supervision to a defendant described by Subsection (b) and the
    4-6  judge determines that a child as defined by Section 22.011(c),
    4-7  Penal Code, was the victim of the offense, the judge shall
    4-8  establish a child safety zone applicable to the defendant by
    4-9  requiring as a condition of community supervision that the
   4-10  defendant:
   4-11              (1)  not:
   4-12                    (A)  supervise or participate in any program that
   4-13  includes as participants or recipients persons who are 17 years of
   4-14  age or younger and that regularly provides athletic, civic, or
   4-15  cultural activities; or
   4-16                    (B)  go in, on, or within a distance specified by
   4-17  the judge of a premises where children commonly gather, including a
   4-18  school, day-care facility, playground, public or private youth
   4-19  center, public swimming pool, or video arcade facility; and
   4-20              (2)  attend psychological counseling sessions for sex
   4-21  offenders with a sex offender treatment provider specified by or
   4-22  approved by the judge or the community supervision and corrections
   4-23  department officer supervising the defendant.
   4-24        (b)  This section applies to a defendant placed on community
   4-25  supervision for an offense:
   4-26              (1)  under Section 43.25 or 43.26, Penal Code;
   4-27              (2)  under Section 21.08, 21.11, 22.011, 22.021, or
    5-1  25.02, Penal Code;
    5-2              (3)  under Section 20.04(a)(4), Penal Code, if the
    5-3  defendant committed the offense with the intent to violate or abuse
    5-4  the victim sexually; or
    5-5              (4)  under Section 30.02, Penal Code, punishable under
    5-6  Subsection (d) of that section, if the defendant committed the
    5-7  offense with the intent to commit a felony listed in Subdivision
    5-8  (2) or (3) of this subsection.
    5-9        (c)  A community supervision and corrections department
   5-10  officer who under Subsection (a)(2) specifies a sex offender
   5-11  treatment provider to provide counseling to a defendant shall
   5-12  contact the provider before the defendant is released, establish
   5-13  the date, time, and place of the first session between the
   5-14  defendant and the provider, and request the provider to immediately
   5-15  notify the officer if the defendant fails to attend the first
   5-16  session or any subsequent scheduled session.
   5-17        (d)  Notwithstanding Subsection (a)(1), a judge is not
   5-18  required to impose the conditions described by Subsection (a)(1) if
   5-19  the defendant is a student at a primary or secondary school.
   5-20        (e)  At any time after the imposition of a condition under
   5-21  Subsection (a)(1), the defendant may request the court to modify
   5-22  the child safety zone applicable to the defendant because the zone
   5-23  as created by the court interferes with the ability of the
   5-24  defendant to attend school or hold a job and consequently
   5-25  constitutes an undue hardship for the defendant.
   5-26        (f)  A community supervision and corrections department
   5-27  officer supervising a defendant described by Subsection (b) may
    6-1  permit the defendant to enter on an event-by-event basis into the
    6-2  child safety zone from which the defendant is otherwise prohibited
    6-3  from entering if:
    6-4              (1)  the defendant has served at least two years of the
    6-5  period of community supervision;
    6-6              (2)  the defendant enters the zone as part of a program
    6-7  to reunite with the defendant's family;
    6-8              (3)  the defendant presents to the officer a written
    6-9  proposal specifying where the defendant intends to go within the
   6-10  zone, why and with whom the defendant is going, and how the
   6-11  defendant intends to cope with any stressful situations that occur;
   6-12              (4)  the sex offender treatment provider treating the
   6-13  defendant agrees with the officer that the defendant should be
   6-14  allowed to attend the event; and
   6-15              (5)  the officer and the treatment provider agree on a
   6-16  chaperon to accompany the defendant and the chaperon agrees to
   6-17  perform that duty.
   6-18        (g)  Section 10(a) does not prohibit a community supervision
   6-19  and corrections department officer from altering a condition of
   6-20  community supervision by permitting a defendant to enter a child
   6-21  safety zone under Subsection (f).
   6-22        (h)  In this section, "playground," "premises," "school,"
   6-23  "video arcade facility," and "youth center" have the meanings
   6-24  assigned by Section 481.134, Health and Safety Code.
   6-25        SECTION 4.  Section 8, Article 42.18, Code of Criminal
   6-26  Procedure, is amended by adding Subsection (u) to read as follows:
   6-27        (u)(1)  A parole panel shall establish a child safety zone
    7-1  applicable to an inmate described by Subdivision (2) if the panel
    7-2  determines that a child as defined by Section 22.011(c), Penal
    7-3  Code, was the victim of the offense by requiring as a condition of
    7-4  parole or release to mandatory supervision that the inmate:
    7-5                    (A)  not:
    7-6                          (i)  supervise or participate in any
    7-7  program that includes as participants or recipients persons who are
    7-8  17 years of age or younger and that regularly provides athletic,
    7-9  civic, or cultural activities; or
   7-10                          (ii)  go in, on, or within a distance
   7-11  specified by the panel of a premises where children commonly
   7-12  gather, including a school, day-care facility, playground, public
   7-13  or private youth center, public swimming pool, or video arcade
   7-14  facility; and
   7-15                    (B)  attend psychological counseling sessions for
   7-16  sex offenders with a sex offender treatment provider specified by
   7-17  the parole officer supervising the parolee after release.
   7-18              (2)  This section applies to an inmate serving a
   7-19  sentence for an offense:
   7-20                    (A)  under Section 43.25 or 43.26, Penal Code;
   7-21                    (B)  under Section 21.11, 22.011, 22.021, or
   7-22  25.02, Penal Code;
   7-23                    (C)  under Section 20.04(a)(4), Penal Code, if
   7-24  the inmate committed the offense with the intent to violate or
   7-25  abuse the victim sexually; or
   7-26                    (D)  under Section 30.02, Penal Code, punishable
   7-27  under Subsection (d) of that section, if the inmate committed the
    8-1  offense with the intent to commit a felony listed in Paragraph (B)
    8-2  or (C) of this subdivision.
    8-3              (3)  A parole officer who under Subdivision (1)(B)
    8-4  specifies a sex offender treatment provider to provide counseling
    8-5  to an inmate shall contact the provider before the inmate is
    8-6  released, establish the date, time, and place of the first session
    8-7  between the inmate and the provider, and request the provider to
    8-8  immediately notify the officer if the inmate fails to attend the
    8-9  first session or any subsequent scheduled session.
   8-10              (4)  At any time after the imposition of a condition
   8-11  under Subdivision (1)(A), the inmate may request the parole panel
   8-12  to modify the child safety zone applicable to the inmate because
   8-13  the zone as created by the panel interferes with the ability of the
   8-14  inmate to attend school or hold a job and consequently constitutes
   8-15  an undue hardship for the inmate.
   8-16              (5)  A parole officer supervising an inmate described
   8-17  by Subdivision (2) may permit the inmate to enter on an
   8-18  event-by-event basis into the child safety zone from which the
   8-19  inmate is otherwise prohibited from entering if:
   8-20                    (A)  the inmate has served at least two years of
   8-21  the period of supervision imposed on release;
   8-22                    (B)  the inmate enters the zone as part of a
   8-23  program to reunite with the inmate's family;
   8-24                    (C)  the inmate presents to the parole officer a
   8-25  written proposal specifying where the inmate intends to go within
   8-26  the zone, why and with whom the inmate is going, and how the inmate
   8-27  intends to cope with any stressful situations that occur;
    9-1                    (D)  the sex offender treatment provider treating
    9-2  the inmate agrees with the officer that the inmate should be
    9-3  allowed to attend the event; and
    9-4                    (E)  the officer and the treatment provider agree
    9-5  on a chaperon to accompany the inmate, and the chaperon agrees to
    9-6  perform that duty.
    9-7              (6)  In this subsection, "playground," "premises,"
    9-8  "school," "video arcade facility," and "youth center" have the
    9-9  meanings assigned by Section 481.134, Health and Safety Code.
   9-10        SECTION 5.  Chapter 493, Government Code, is amended by
   9-11  adding Section 493.017 to read as follows:
   9-12        Sec. 493.017.  REPORTS ON SEX OFFENDER TREATMENT.  (a)  A sex
   9-13  offender correction program that provides counseling sessions for a
   9-14  sex offender under Section 13B, Article 42.12, Code of Criminal
   9-15  Procedure, shall report to the community supervision and
   9-16  corrections department officer supervising the offender, not later
   9-17  than the 15th day of each month, the following information about
   9-18  the offender:
   9-19              (1)  the total number of counseling sessions attended
   9-20  by the sex offender during the preceding month; and
   9-21              (2)  if during the preceding month the sex offender
   9-22  terminates participation in the program before completing
   9-23  counseling, the reason for the sex offender's termination of
   9-24  counseling.
   9-25        (b)  A sex offender correction program that provides
   9-26  counseling sessions for a sex offender under Section 8(u), Article
   9-27  42.18, Code of Criminal Procedure, shall report to the parole
   10-1  officer supervising the offender, not later than the 15th day of
   10-2  each month, the following information about the offender:
   10-3              (1)  the total number of counseling sessions attended
   10-4  by the sex offender during the preceding month; and
   10-5              (2)  if during the preceding month the sex offender
   10-6  terminates participation in the program before completing
   10-7  counseling, the reason for the sex offender's termination of
   10-8  counseling.
   10-9        SECTION 6.  A sex offender correction program shall make the
  10-10  first monthly report required by Section 493.017, Government Code,
  10-11  as added by this Act, not later than October 15, 1995.
  10-12        SECTION 7.  (a)  The change in law made by this Act applies
  10-13  only to a defendant charged with an offense committed on or after
  10-14  the effective date of this Act.  For purposes of this section, an
  10-15  offense is committed before the effective date of this Act if any
  10-16  element of the offense occurs before the effective date.
  10-17        (b)  A defendant charged with or convicted of an offense
  10-18  committed before the effective date of this Act is covered by the
  10-19  law in effect when the offense was committed, and the former law is
  10-20  continued in effect for that purpose.
  10-21        SECTION 8.  This Act takes effect September 1, 1995.
  10-22        SECTION 9.  The importance of this legislation and the
  10-23  crowded condition of the calendars in both houses create an
  10-24  emergency and an imperative public necessity that the
  10-25  constitutional rule requiring bills to be read on three several
  10-26  days in each house be suspended, and this rule is hereby suspended.