By Shapiro S.B. No. 111 74R2434 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an affirmative finding of sexual motivation and to 1-3 conditions of community supervision, parole, and release on 1-4 mandatory supervision for defendants convicted of certain sexual 1-5 and assaultive offenses against or involving 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 13B to read as follows: 2-1 Sec. 13B. COMMUNITY SUPERVISION FOR DEFENDANTS CONVICTED OF 2-2 SEXUAL OFFENSES AGAINST CHILDREN. (a) If a court grants community 2-3 supervision to a defendant described by Subsection (b), the judge 2-4 shall require as a condition of community supervision that the 2-5 defendant: 2-6 (1) not: 2-7 (A) supervise or participate in any program that 2-8 includes as participants or recipients persons who are 17 years of 2-9 age or younger and that regularly provides athletic, civic, or 2-10 cultural activities; or 2-11 (B) go in, on, or within 1,000 feet of premises 2-12 owned, rented, or leased by a school or a playground or in, on, or 2-13 within 300 feet of the premises of a public or private youth 2-14 center, public swimming pool, or video arcade facility; and 2-15 (2) attend psychological counseling sessions for sex 2-16 offenders with a sex offender treatment provider who is included in 2-17 the registry maintained by the Council on Sex Offender Treatment 2-18 and specified by the judge or by the community supervision and 2-19 corrections department officer supervising the defendant. 2-20 (b) This section applies to a defendant convicted of an 2-21 offense: 2-22 (1) under Section 43.25 or 43.26, Penal Code; 2-23 (2) under Section 21.08, 21.11, 22.011, 22.021, or 2-24 25.02, Penal Code, committed against a child who was younger than 2-25 17 years of age at the time of the commission of the offense; or 2-26 (3) for which the judgment contains an affirmative 2-27 finding under Article 42.015. 3-1 (c) A judge or community supervision and corrections 3-2 department officer who under Subsection (a)(2) specifies a sex 3-3 offender treatment provider to provide counseling to a defendant 3-4 shall contact the provider before releasing the defendant, 3-5 establish the date, time, and place of the first session between 3-6 the defendant and the provider, and request the provider to 3-7 immediately notify the judge or officer, as appropriate, if the 3-8 defendant fails to attend the first session or any subsequent 3-9 scheduled session. 3-10 (d) In this section "playground," "premises," "school," 3-11 "video arcade facility," and "youth center" have the meanings 3-12 assigned by Section 481.134, Health and Safety Code. 3-13 SECTION 4. Section 8, Article 42.18, Code of Criminal 3-14 Procedure, is amended by adding Subsection (u) to read as follows: 3-15 (u)(1) A parole panel shall require as a condition of parole 3-16 or release to mandatory supervision for an inmate described by 3-17 Subdivision (2) that the inmate: 3-18 (A) not: 3-19 (i) supervise or participate in any 3-20 program that includes as participants or recipients persons who are 3-21 17 years of age or younger and that regularly provides athletic, 3-22 civic, or cultural activities; or 3-23 (ii) go in, on, or within 1,000 feet of 3-24 premises owned, rented, or leased by a school or a playground or 3-25 in, on, or within 300 feet of the premises of a public or private 3-26 youth center, public swimming pool, or video arcade facility; and 3-27 (B) attend psychological counseling sessions for 4-1 sex offenders with a sex offender treatment provider who is 4-2 included in the registry maintained by the Council on Sex Offender 4-3 Treatment and specified by the parole panel or by the parole 4-4 officer supervising the inmate after release. 4-5 (2) This section applies to an inmate serving a 4-6 sentence for an offense: 4-7 (A) under Section 43.25 or 43.26, Penal Code; 4-8 (B) under Section 21.11, 22.011, 22.021, or 4-9 25.02, Penal Code, committed against a child who was younger than 4-10 17 years of age at the time of the commission of the offense; or 4-11 (C) for which the judgment contains an 4-12 affirmative finding under Article 42.015. 4-13 (3) A parole panel or parole officer who under 4-14 Subdivision (1)(B) specifies a sex offender treatment provider to 4-15 provide counseling to a defendant shall contact the provider before 4-16 releasing the inmate, establish the date, time, and place of the 4-17 first session between the inmate and the provider, and request the 4-18 provider to immediately notify the parole panel or officer, as 4-19 appropriate, if the inmate fails to attend the first session or any 4-20 subsequent scheduled session. 4-21 (4) In this subsection "playground," "premises," 4-22 "school," "video arcade facility," and "youth center" have the 4-23 meanings assigned by Section 481.134, Health and Safety Code. 4-24 SECTION 5. The change in law made by this Act applies only 4-25 to a defendant released on community supervision, parole, or 4-26 mandatory supervision on or after the effective date of this Act. 4-27 A defendant released on community supervision, parole, or mandatory 5-1 supervision before the effective date of this Act is covered by the 5-2 law in effect when the defendant was released, and the former law 5-3 is continued in effect for that purpose. 5-4 SECTION 6. This Act takes effect September 1, 1995. 5-5 SECTION 7. The importance of this legislation and the 5-6 crowded condition of the calendars in both houses create an 5-7 emergency and an imperative public necessity that the 5-8 constitutional rule requiring bills to be read on three several 5-9 days in each house be suspended, and this rule is hereby suspended.