SRC-CDH H.B. 2918 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2918
By: Place (Whitmire)
Criminal Justice
4-25-97
Engrossed


DIGEST 

In recent years, the legislature has doubled the punishment for violent
and sexual offenders, and dramatically increased prison capacity in order
to hold those offenders longer; however, safety concerns still exist with
regard to imprisonment, supervision, and parole of violent and sex
offenders.  In addition, current law limits sex offenders to no more than
10 years for those sentenced to community supervision.  H.B. 2918 would
allow a judge to extend the period of supervision for up to 10 years upon
the determination by a judge that a defendant has not sufficiently
demonstrated a commitment to avoid future criminal behavior and that the
release of the defendant from supervision would endanger the public.  In
addition, this legislation gives the Texas Department of Criminal Justice
(TDCJ) more discretion to classify inmates, whereby TDCJ can make any good
conduct time dependant on the inmate's participation and treatment.  The
classification system has a direct impact upon parole consideration.  

PURPOSE

As proposed, H.B. 2918 establishes the extension of a community
supervision period for a defendant charged with or convicted of certain
sexual offenses; the publication of notice under the sex offender
registration program; and the classification of inmates in the custody of
the Texas Department of Criminal Justice on the basis of need for
treatment.   

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 3(d), Article 42.12, Code of Criminal Procedure,
to make a conforming change. 

SECTION 2. Amends Section 4(c), Article 42.12, Code of Criminal Procedure,
to make a conforming change. 

SECTION 3. Amends Section 5(a), Article 42.12, Code of Criminal Procedure,
to make a conforming change. 

SECTION 4. Amends Article 42.12, Code of Criminal Procedure, by adding
Section 22A, as follows: 

Sec. 22A.  EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.  Authorizes a
judge to extend the period of community supervision at any time during the
period of community supervision if a defendant is placed on community
supervision after receiving a grant of deferred adjudication for or being
convicted of an offense under Section 21.11, 22.011, or 22.021, Penal
Code.  Authorizes a judge to extend the period of supervision for a period
not to exceed 10 additional years if at a hearing the judge determines
that the defendant has not sufficiently demonstrated a commitment to avoid
future criminal behavior and that the release of the defendant from
supervision would endanger the public. Authorizes a judge to extend a
period of community supervision only once, but provides that the judge may
extend a period of community supervision for a defendant under both
Section  22(c) and this section.  Establishes that the prohibition in
Section 22(c) against a period of community supervision in a felony case
exceeding 10 years does not apply to a defendant for whom community
supervision is increased.   

SECTION 5. Amends Section 498.003, Government Code, by adding Subsection
(f), to authorize the Texas Department of Criminal Justice (TDCJ) to
establish and use a separate classification system, based on the classes
listed in Subsection (b), that requires inmates determined by TDCJ to need
treatment to diligently participate in treatment; and makes the award of
good conduct time dependent on that participation. 

SECTION 6. Amends Section 3(e), Article 6252-13c.1, V.T.C.S., to require
the local law enforcement authority to immediately publish notice in
English and Spanish in the newspaper of greatest paid circulation, rather
than in at least one newspaper of general circulation, in the county in
which the person subject to registration intends to reside, or, if there
is no newspaper of paid circulation in that county, in the newspaper of
greatest general circulation in the county.   

SECTION 7. Amends Section 4(f), Article 6252-13c.1, V.T.C.S., to make
conforming changes. 

SECTION 8. Makes application of this Act prospective.

SECTION 9. Effective date:  September 1, 1997.

SECTION 10. Emergency clause.