By Driver, et al.                                      H.B. No. 156

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting contact with the victim as a mandatory

 1-3     condition of parole or mandatory supervision for certain offenders

 1-4     and to facilitating victim-offender mediation in certain

 1-5     circumstances.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 8(o)(1), Article 42.18, Code of Criminal

 1-8     Procedure, as added by Chapter 10, Acts of the 73rd Legislature,

 1-9     Regular Session, 1993, is amended to read as follows:

1-10           (o)(1)  In addition to other conditions imposed by a parole

1-11     panel under this article, the parole panel shall [may] require as a

1-12     condition of parole or release to mandatory supervision that an

1-13     inmate serving a sentence for the [an] offense of stalking [under

1-14     Section 42.071, Penal Code, may] not:

1-15                       (A)  communicate directly or indirectly with the

1-16     victim;  or

1-17                       (B)  go to or near the residence, place of

1-18     employment, or business of the victim or to or near a school,

1-19     day-care facility, or similar facility where a dependent child of

1-20     the victim is in attendance.

1-21           SECTION 2.  Article 42.18, Code of Criminal Procedure, is

1-22     amended by adding Section 8C to read as follows:

1-23           Sec. 8C.  NO CONTACT WITH VICTIM.  (a)  If a parole panel

1-24     releases a defendant on parole or to mandatory supervision, the

 2-1     panel shall require as a condition of parole or mandatory

 2-2     supervision that the defendant not communicate directly or

 2-3     indirectly with a victim of the offense or go near a residence,

 2-4     school, place of employment, business, or other location frequented

 2-5     by a victim.  At any time after the defendant is released on parole

 2-6     or to mandatory supervision, a victim of the offense may petition

 2-7     the panel for a modification of the conditions of the defendant's

 2-8     parole or mandatory supervision allowing the defendant contact with

 2-9     the victim subject to reasonable restrictions.

2-10           (b)  To the extent that a condition imposed under this

2-11     section conflicts with an existing court order granting possession

2-12     of or access to a child, the condition imposed under this section

2-13     prevails for a period specified by the panel not to exceed 90 days.

2-14           (c)  Notwithstanding Subsection (a), a defendant may

2-15     participate in victim-offender mediation authorized by Section 30

2-16     on the request of the victim or a guardian of the victim or a close

2-17     relative of a deceased victim.

2-18           (d)  In this section, "victim" has the meaning assigned by

2-19     Article 56.01.

2-20           SECTION 3.  Article 42.18, Code of Criminal Procedure, is

2-21     amended by adding Section 30 to read as follows:

2-22           Sec. 30.  VICTIM-OFFENDER MEDIATION.  If the pardons and

2-23     paroles division receives notice from the victim services office of

2-24     the Texas Department of Criminal Justice that a victim of the

2-25     defendant, or the victim's guardian or close relative, wishes to

2-26     participate in victim-offender mediation with a person released to

2-27     parole or mandatory supervision, the division shall cooperate and

 3-1     assist the person if the person chooses to participate in the

 3-2     mediation program provided by the office.  The pardons and paroles

 3-3     division may not require the defendant to participate and may not

 3-4     reward the person for participation by modifying conditions of

 3-5     release or the person's level of supervision or by granting any

 3-6     other benefit to the person.

 3-7           SECTION 4.  Article 26.13, Code of Criminal Procedure, is

 3-8     amended by adding Subsection (g) to read as follows:

 3-9           (g)  Before accepting a plea of guilty or a plea of nolo

3-10     contendere and on the request of a victim of the offense, the court

3-11     may assist the victim and the defendant in participating in a

3-12     victim-offender mediation program.

3-13           SECTION 5.  This Act takes effect September 1, 1997.

3-14           SECTION 6.  The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended.