SGN H.B. 156 75(R)BILL ANALYSIS CORRECTIONS H.B. 156 By: Driver 3-5-97 Committee Report (Amended) BACKGROUND Under current state law, a parole panel may, but is not required to, prohibit contact with a victim as a condition of a defendant's parole or release to mandatory supervision. Currently, this prohibition of contact only usually occurs when the victim requests the parole panel to apply this condition. PURPOSE If enacted, H.B. 156 would require the parole panel to prohibit contact with the victim as a condition of parole or mandatory supervision for offenders convicted of stalking. The legislation provides for contact between the victim and defendant if the victim makes this request. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8(o)(1), Article 42.18, Code of Criminal Procedure, to require a parole panel to prohibit contact with the victim as a condition of parole or release to mandatory supervision for a person convicted of a stalking offense. SECTION 2. Amends Article 42.18, Code of Criminal Procedure, by adding Section 8C as follows: Sec. 8C. NO CONTACT WITH VICTIM. (a) Requires a parole panel to prohibit, as a condition of parole or mandatory supervision, the defendant from communicating directly or indirectly with a victim or to go near a residence, school, place of employment, business, or other location, as specifically described in the copy of conditions, frequented by the victim. Permits a victim to petition the parole panel at any time after the defendant is placed on parole or mandatory supervision to modify conditions of the defendant's parole to allow contact. (b) Allows conditions imposed under this section to prevail no longer than 90 days if a condition imposed under this section conflicts with an existing court order granting possession of or access to a child. (c) Allows contact for defendant to participate in victim-offender mediation on the request of the victim, guardian of a victim, or close relative of a deceased victim. (d) Defines "victim" as the victim of a sexual assault, kidnapping, or aggravated robbery. SECTION 3. Amends Article 42.18, Code of Criminal Procedure, by adding Section 30 as follows: Sec. 30. VICTIM-OFFENDER MEDIATION. Requires the pardons and paroles division of the Texas Department of Criminal Justice to cooperate and assist a defendant released to parole or mandatory supervision to participate in mediation with the defendant's victim, victim's guardian, or close relative of a deceased victim if the victim chooses to participate in this mediation. Provides that the division may not require the defendant to participate and may not reward the defendant for participating by modifying conditions of their release. SECTION 4. Effective date: September 1, 1997. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment number one deletes language which provides that the places frequented by a victim be specifically described in the copy of conditions.