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.