SRC-MAX, CDH H.B. 156 75(R)BILL ANALYSIS


Senate Research CenterH.B. 156
By: Driver (Shapiro)
Criminal Justice
5-18-97
Committee Report (Amended)


DIGEST 

Under current law, a parole panel may, but is not required to, prohibit
contact with a victim as a condition of a defendant's parole or mandatory
supervision.  Prohibition of contact typically occurs when the victim
requests the parole panel to apply this condition.  When this condition is
not required, the criminal may continue to have unlimited contact with the
victim.  H.B. 156 would require the parole panel to prohibit contact with
the victim as a condition of parole or mandatory supervision for certain
offenders; however, this legislation provides for contact between the
victim and the defendant if the victim makes this request and the panel
concurs.  This bill also establishes provisions which facilitate
victim-offender mediation when a victim or a victim's close relative or
guardian requests mediation with a person released to parole or mandatory
supervision.   

PURPOSE

As proposed, H.B. 156 provides for prohibiting contact with the victim as
a mandatory condition of parole or mandatory supervision for certain
offenders, and establishes provisions which facilitate victim-offender
mediation in certain circumstances. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Corrections in
SECTION 5 (Sec. 498.0042(a), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8(o)(1), Article 42.18, Code of Criminal
Procedure, as added by Chapter 10, Acts of the 73rd Legislature, Regular
Session, 1993, to require a parole panel, in addition to other conditions
imposed, to require as a condition of parole or release to mandatory
supervision that an inmate serving a sentence for the offense of stalking
not communicate directly or indirectly with the victim or go to or near
the victim's residence, place of employment, business, or facility where a
dependent child of the victim is in attendance.  Deletes a provision
authorizing a parole panel to require the same.  Makes conforming and
standard recodification changes. 

SECTION 2. Amends Article 42.18, Code of Criminal Procedure, by adding
Section 8C, as follows: 

Sec. 8C.  NO CONTACT WITH VICTIM.  Requires a parole panel which releases
a defendant on parole or mandatory supervision to require as a condition
of release that the defendant not intentionally or knowingly communicate
directly or indirectly with a victim of the offense or go near a
residence, school, place of employment, business, or other location
frequented by the victim.  Authorizes a victim of the offense to petition
the panel for a modification of the conditions  of the defendant's parole
or supervision allowing the defendant contact with the victim under
certain circumstances.  Sets forth the terms by which a condition imposed
under this section prevails over an existing court order granting
possession of or access to a child.  Authorizes a defendant,
notwithstanding Subsection (a), to participate in victim-offender
mediation on the request of certain persons.  Defines "victim." 

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 (division), upon receiving notice that a victim of the defendant,
or the victim's guardian or close relative, wishes to participate in
victim-offender mediation with a person released to parole or mandatory
supervision, to cooperate and assist the person.  Prohibits the division
from requiring the defendant to participate, and from rewarding the person
for participation by modifying conditions of release or levels of
supervision, or by granting any other benefit. 

SECTION 4. Amends Article 26.13, Code of Criminal Procedure, by adding
Subsection (g), to authorize a court, before accepting a plea of guilty or
a plea of nolo contendere and on the request of the victim of the offense,
to assist the victim and the defendant in participating in a
victimoffender mediation program. 

SECTION 5. Amends Chapter 498, Government Code, by adding Section
498.0042, as follows: 

Sec.  498.0042.  FORFEITURE FOR CONTACTING VICTIMS.  Requires the Texas
Department of Corrections (department) to adopt policies that prohibit an
inmate in the institutional division or in a transfer facility from
contacting by letter, telephone, or any other means, either directly or
indirectly, a victim of the offense for which the inmate is serving in
certain circumstances.  Requires the department to forfeit all or any part
of the inmate's accrued good conduct if the inmate violates a policy
adopted under Subsection (a).  Prohibits the department from restoring
good conduct time forfeited under this subsection.   

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date:  September 1, 1997.

SECTION 8. Emergency clause.  

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

 Page 2, line 2, between "not" and "communicate" add "intentionally or
knowingly." 

Amendment 2.

Adds SECTION 5, to amend Chapter 498, Government Code, by adding Section
498.0042, regarding the forfeiture for contacting victims.  

Adds new SECTION 6 to make the application of this Act prospective.

Renumbers existing sections accordingly.