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.