1-1 By: Shapiro, Sims S.B. No. 111
1-2 (In the Senate - Filed December 1, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 111 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to conditions of community supervision, parole, and
1-11 release on mandatory supervision for defendants charged with or
1-12 convicted of certain sexual offenses against or involving children.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 3, Article 42.12, Code of Criminal
1-15 Procedure, is amended by amending Subsections (b) and (c) and by
1-16 adding Subsection (f) to read as follows:
1-17 (b) Except as provided by Subsection (f), in <In> a felony
1-18 case the minimum period of community supervision is the same as the
1-19 minimum term of imprisonment applicable to the offense and the
1-20 maximum period of community supervision is 10 years.
1-21 (c) Except as provided by Subsection (f), the <The> maximum
1-22 period of community supervision in a misdemeanor case is two years.
1-23 (f) The minimum period of community supervision for a felony
1-24 described by Section 13B(b) is five years and the maximum period of
1-25 supervision is 10 years.
1-26 SECTION 2. Subsections (a) and (c), Section 5, Article
1-27 42.12, Code of Criminal Procedure, are amended to read as follows:
1-28 (a) Except as provided by Subsection (d) of this section,
1-29 when in the judge's opinion the best interest of society and the
1-30 defendant will be served, the judge may, after receiving a plea of
1-31 guilty or plea of nolo contendere, hearing the evidence, and
1-32 finding that it substantiates the defendant's guilt, defer further
1-33 proceedings without entering an adjudication of guilt, and place
1-34 the defendant on community supervision. The judge shall inform the
1-35 defendant orally or in writing of the possible consequences under
1-36 Subsection (b) of this section of a violation of community
1-37 supervision. If the information is provided orally, the judge must
1-38 record and maintain the judge's statement to the defendant. In a
1-39 felony case, the period of community supervision may not exceed 10
1-40 years. For a defendant charged with an offense described by
1-41 Section 13B(b) of this article, the period of community supervision
1-42 may not be less than five years. In a misdemeanor case, the period
1-43 of community supervision may not exceed two years. A judge may
1-44 increase the maximum period of community supervision in the manner
1-45 provided by Section 22(c) of this article. The judge may impose a
1-46 fine applicable to the offense and require any reasonable
1-47 conditions of community supervision, including mental health
1-48 treatment under Section 11(d) of this article, that a judge could
1-49 impose on a defendant placed on community supervision for a
1-50 conviction that was probated and suspended, including confinement.
1-51 However, upon written motion of the defendant requesting final
1-52 adjudication filed within 30 days after entering such plea and the
1-53 deferment of adjudication, the judge shall proceed to final
1-54 adjudication as in all other cases.
1-55 (c) On expiration of a community supervision period imposed
1-56 under Subsection (a) of this section, if the judge has not
1-57 proceeded to adjudication of guilt, the judge shall dismiss the
1-58 proceedings against the defendant and discharge him. The judge may
1-59 dismiss the proceedings and discharge a <the> defendant, other than
1-60 a defendant charged with an offense described by Section 13B(b) of
1-61 this article, prior to the expiration of the term of community
1-62 supervision if in the judge's opinion the best interest of society
1-63 and the defendant will be served. A dismissal and discharge under
1-64 this section may not be deemed a conviction for the purposes of
1-65 disqualifications or disabilities imposed by law for conviction of
1-66 an offense, except that:
1-67 (1) upon conviction of a subsequent offense, the fact
1-68 that the defendant had previously received community supervision
2-1 with a deferred adjudication of guilt shall be admissible before
2-2 the court or jury to be considered on the issue of penalty;
2-3 (2) if the defendant is an applicant for a license or
2-4 is a licensee under Chapter 42, Human Resources Code, the Texas
2-5 Department of Human Services may consider the fact that the
2-6 defendant previously has received community supervision with a
2-7 deferred adjudication of guilt under this section in issuing,
2-8 renewing, denying, or revoking a license under that chapter; and
2-9 (3) if the defendant is a person who has applied for
2-10 registration to provide mental health or medical services for the
2-11 rehabilitation of sex offenders, the Interagency Council on Sex
2-12 Offender Treatment may consider the fact that the defendant has
2-13 received probation under this section in issuing, renewing,
2-14 denying, or revoking a license or registration issued by that
2-15 council.
2-16 SECTION 3. Article 42.12, Code of Criminal Procedure, is
2-17 amended by adding Section 13B to read as follows:
2-18 Sec. 13B. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
2-19 SEXUAL OFFENSES AGAINST CHILDREN. (a) If a judge grants community
2-20 supervision to a defendant described by Subsection (b) and the
2-21 judge determines that a child as defined by Section 22.011(c),
2-22 Penal Code, was the victim of the offense, the judge shall
2-23 establish a child safety zone applicable to the defendant by
2-24 requiring as a condition of community supervision that the
2-25 defendant:
2-26 (1) not:
2-27 (A) supervise or participate in any program that
2-28 includes as participants or recipients persons who are 17 years of
2-29 age or younger and that regularly provides athletic, civic, or
2-30 cultural activities; or
2-31 (B) go in, on, or within a distance specified by
2-32 the judge of a premises where children commonly gather, including a
2-33 school, day-care facility, playground, public or private youth
2-34 center, public swimming pool, or video arcade facility; and
2-35 (2) attend psychological counseling sessions for sex
2-36 offenders with a sex offender treatment provider specified by or
2-37 approved by the judge or the community supervision and corrections
2-38 department officer supervising the defendant. Such provider
2-39 includes a sex offender correction program conducted by a
2-40 statewide, nonprofit, volunteer-based organization that has at
2-41 least eight years experience in supervising mutual help sex
2-42 offender correction groups in Texas prisons and within Texas
2-43 communities for the purpose of reducing sex offender recidivism.
2-44 (b) This section applies to a defendant placed on community
2-45 supervision for an offense:
2-46 (1) under Section 43.25 or 43.26, Penal Code;
2-47 (2) under Section 21.08, 21.11, 22.011, 22.021, or
2-48 25.02, Penal Code;
2-49 (3) under Section 20.04(a)(4), Penal Code, if the
2-50 defendant committed the offense with the intent to violate or abuse
2-51 the victim sexually; or
2-52 (4) under Section 30.02, Penal Code, punishable under
2-53 Subsection (d) of that section, if the defendant committed the
2-54 offense with the intent to commit a felony listed in Subdivision
2-55 (2) or (3) of this subsection.
2-56 (c) A community supervision and corrections department
2-57 officer who under Subsection (a)(2) specifies a sex offender
2-58 treatment provider to provide counseling to a defendant shall
2-59 contact the provider before the defendant is released, establish
2-60 the date, time, and place of the first session between the
2-61 defendant and the provider, and request the provider to immediately
2-62 notify the officer if the defendant fails to attend the first
2-63 session or any subsequent scheduled session.
2-64 (d) Notwithstanding Subsection (a)(1), a judge is not
2-65 required to impose the conditions described by Subsection (a)(1) if
2-66 the defendant is a student at a primary or secondary school.
2-67 (e) At any time after the imposition of a condition under
2-68 Subsection (a)(1), the defendant may request the court to modify
2-69 the child safety zone applicable to the defendant because the zone
2-70 as created by the court interferes with the ability of the
3-1 defendant to attend school or hold a job and consequently
3-2 constitutes an undue hardship for the defendant.
3-3 (f) A community supervision and corrections department
3-4 officer supervising a defendant described by Subsection (b) may
3-5 permit the defendant to enter on an event-by-event basis into the
3-6 child safety zone from which the defendant is otherwise prohibited
3-7 from entering if:
3-8 (1) the defendant has served at least two years of the
3-9 period of community supervision;
3-10 (2) the defendant enters the zone as part of a program
3-11 to reunite with the defendant's family;
3-12 (3) the defendant presents to the officer a written
3-13 proposal specifying where the defendant intends to go within the
3-14 zone, why and with whom the defendant is going, and how the
3-15 defendant intends to cope with any stressful situations that occur;
3-16 (4) the sex offender treatment provider treating the
3-17 defendant agrees with the officer that the defendant should be
3-18 allowed to attend the event; and
3-19 (5) the officer and the treatment provider agree on a
3-20 chaperon to accompany the defendant and the chaperon agrees to
3-21 perform that duty.
3-22 (g) Section 10(a) does not prohibit a community supervision
3-23 and corrections department officer from altering a condition of
3-24 community supervision by permitting a defendant to enter a child
3-25 safety zone under Subsection (f).
3-26 (h) In this section, "playground," "premises," "school,"
3-27 "video arcade facility," and "youth center" have the meanings
3-28 assigned by Section 481.134, Health and Safety Code.
3-29 SECTION 4. Section 8, Article 42.18, Code of Criminal
3-30 Procedure, is amended by adding Subsection (u) to read as follows:
3-31 (u)(1) A parole panel shall establish a child safety zone
3-32 applicable to an inmate described by Subdivision (2) if the panel
3-33 determines that a child as defined by Section 22.011(c), Penal
3-34 Code, was the victim of the offense by requiring as a condition of
3-35 parole or release to mandatory supervision that the inmate:
3-36 (A) not:
3-37 (i) supervise or participate in any
3-38 program that includes as participants or recipients persons who are
3-39 17 years of age or younger and that regularly provides athletic,
3-40 civic, or cultural activities; or
3-41 (ii) go in, on, or within a distance
3-42 specified by the panel of a premises where children commonly
3-43 gather, including a school, day-care facility, playground, public
3-44 or private youth center, public swimming pool, or video arcade
3-45 facility; and
3-46 (B) attend psychological counseling sessions for
3-47 sex offenders with a sex offender treatment provider specified by
3-48 the parole officer supervising the parolee after release. Such
3-49 provider includes a sex offender correction program conducted by a
3-50 statewide, nonprofit, volunteer-based organization that has at
3-51 least eight years experience in supervising mutual help sex
3-52 offender correction groups in Texas prisons and within Texas
3-53 communities for the purpose of reducing sex offender recidivism.
3-54 (2) This section applies to an inmate serving a
3-55 sentence for an offense:
3-56 (A) under Section 43.25 or 43.26, Penal Code;
3-57 (B) under Section 21.11, 22.011, 22.021, or
3-58 25.02, Penal Code;
3-59 (C) under Section 20.04(a)(4), Penal Code, if
3-60 the inmate committed the offense with the intent to violate or
3-61 abuse the victim sexually; or
3-62 (D) under Section 30.02, Penal Code, punishable
3-63 under Subsection (d) of that section, if the inmate committed the
3-64 offense with the intent to commit a felony listed in Paragraph (B)
3-65 or (C) of this subdivision.
3-66 (3) A parole officer who under Subdivision (1)(B)
3-67 specifies a sex offender treatment provider to provide counseling
3-68 to an inmate shall contact the provider before the inmate is
3-69 released, establish the date, time, and place of the first session
3-70 between the inmate and the provider, and request the provider to
4-1 immediately notify the officer if the inmate fails to attend the
4-2 first session or any subsequent scheduled session.
4-3 (4) At any time after the imposition of a condition
4-4 under Subdivision (1)(A), the inmate may request the parole panel
4-5 to modify the child safety zone applicable to the inmate because
4-6 the zone as created by the panel interferes with the ability of the
4-7 inmate to attend school or hold a job and consequently constitutes
4-8 an undue hardship for the inmate.
4-9 (5) A parole officer supervising an inmate described
4-10 by Subdivision (2) may permit the inmate to enter on an
4-11 event-by-event basis into the child safety zone from which the
4-12 inmate is otherwise prohibited from entering if:
4-13 (A) the inmate has served at least two years of
4-14 the period of supervision imposed on release;
4-15 (B) the inmate enters the zone as part of a
4-16 program to reunite with the inmate's family;
4-17 (C) the inmate presents to the parole officer a
4-18 written proposal specifying where the inmate intends to go within
4-19 the zone, why and with whom the inmate is going, and how the inmate
4-20 intends to cope with any stressful situations that occur;
4-21 (D) the sex offender treatment provider treating
4-22 the inmate agrees with the officer that the inmate should be
4-23 allowed to attend the event; and
4-24 (E) the officer and the treatment provider agree
4-25 on a chaperon to accompany the inmate, and the chaperon agrees to
4-26 perform that duty.
4-27 (6) In this subsection, "playground," "premises,"
4-28 "school," "video arcade facility," and "youth center" have the
4-29 meanings assigned by Section 481.134, Health and Safety Code.
4-30 SECTION 5. (a) The change in law made by this Act applies
4-31 only to a defendant charged with or convicted of an offense
4-32 committed on or after the effective date of this Act. For purposes
4-33 of this section, an offense is committed before the effective date
4-34 of this Act if any element of the offense occurs before the
4-35 effective date.
4-36 (b) A defendant charged with or convicted of an offense
4-37 committed before the effective date of this Act is covered by the
4-38 law in effect when the offense was committed, and the former law is
4-39 continued in effect for that purpose.
4-40 SECTION 6. This Act takes effect September 1, 1995.
4-41 SECTION 7. The importance of this legislation and the
4-42 crowded condition of the calendars in both houses create an
4-43 emergency and an imperative public necessity that the
4-44 constitutional rule requiring bills to be read on three several
4-45 days in each house be suspended, and this rule is hereby suspended.
4-46 * * * * *