SRC-CDH H.B. 1799 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1799
By: Wise (Lucio)
Criminal Justice
4-23-97
Engrossed


DIGEST 

Currently, concerns are being raised about the frequency with which sex
offenders repeat their crimes against children.  Some states have
attempted to guarantee more protection for children by instituting
statutes mandating that more information regarding the sex offense be
provided to the parole board, that the prosecutor and victim be notified
of a pending parole hearing, that a thorough evaluation be conducted of
the prisoner, and that the offender receive treatment on an outpatient
basis while on parole.  H.B. 1799 would require a prosecutor to inform the
parole board of the circumstances of the offense and other relevant
information; the offender to submit to an evaluation by a sex offender
treatment center to determine whether the offender poses a continuing
threat to public safety; an offender to attend psychological counseling
sessions for not less than three years as a condition of parole; and the
institutional division of the Texas Department of Criminal Justice to
notify local law enforcement officials and the victim when the offender is
released or escapes. 

PURPOSE

As proposed, H.B. 1799 establishes procedural requirements applicable to
the release on parole of certain sex offenders. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8(e), Article 42.18, Code of Criminal Procedure,
to require an attorney representing the state in the prosecution of a
prisoner serving a sentence for an offense described by Section 8(u)(2),
regarding certain sexual offenses,  to provide written comments to the
Texas Department of Criminal Justice (TDCJ) on the circumstances related
to the commission of the offense and other information determined by the
attorney to be relevant to any subsequent parole decisions regarding the
prisoner.   

SECTION 2. Amends Section 8(f)(2), Article 42.18, Code of Criminal
Procedure, to require a parole panel, before considering for release on
parole a prisoner serving a sentence for an offense described by Section
8(u)(2), to require that the prisoner submit to an evaluation by an
individual or organization that provides sex offender treatment or
counseling for the purpose of determining whether the person would pose a
threat to public safety if released. 

SECTION 3. Amends Section 8(u)(1), Article 42.18, Code of Criminal
Procedure, to require a parole panel to establish a child safety zone
applicable to an inmate described by Subdivision (2) if the panel
determines that a child was the victim of the offense by requiring as a
condition of parole or release to mandatory supervision that the inmate
attend psychological counseling sessions for sex offenders for not less
than three years.   

SECTION 4. Amends Article 56.11(a), Code of Criminal Procedure, as amended
by S.B. 97, Acts of the 75th Legislature, Regular Session, 1997, to
require the institutional division of TDCJ to notify the victim of the
offense and local law enforcement officials in the county where the victim
resides whenever a person convicted of a certain felony offenses completes
the person's sentence and is released or escapes from a facility. 
 
SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.