By Driver H.B. No. 156
75R1636 GWK-D
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 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(o)(1), Article 42.18, Code of Criminal
1-6 Procedure, as added by Chapter 10, Acts of the 73rd Legislature,
1-7 Regular Session, 1993, is amended to read as follows:
1-8 (o)(1) In addition to other conditions imposed by a parole
1-9 panel under this article, the parole panel shall [may] require as a
1-10 condition of parole or release to mandatory supervision that an
1-11 inmate serving a sentence for the [an] offense of stalking [under
1-12 Section 42.071, Penal Code, may] not:
1-13 (A) communicate directly or indirectly with the
1-14 victim; or
1-15 (B) go to or near the residence, place of
1-16 employment, or business of the victim or to or near a school,
1-17 day-care facility, or similar facility where a dependent child of
1-18 the victim is in attendance.
1-19 SECTION 2. Article 42.18, Code of Criminal Procedure, is
1-20 amended by adding Section 8C to read as follows:
1-21 Sec. 8C. NO CONTACT WITH VICTIM. (a) If a parole panel
1-22 releases a defendant on parole or to mandatory supervision, the
1-23 panel shall require as a condition of parole or mandatory
1-24 supervision that the defendant not communicate directly or
2-1 indirectly with a victim of the offense or go near a residence,
2-2 school, place of employment, business, or other location, as
2-3 specifically described in the copy of conditions, frequented by a
2-4 victim. At any time after the defendant is released on parole or
2-5 to mandatory supervision, a victim of the offense may petition the
2-6 panel for a modification of the conditions of the defendant's
2-7 parole or mandatory supervision allowing the defendant contact with
2-8 the victim subject to reasonable restrictions.
2-9 (b) To the extent that a condition imposed under this
2-10 section conflicts with an existing court order granting possession
2-11 of or access to a child, the condition imposed under this section
2-12 prevails for a period specified by the panel not to exceed 90 days.
2-13 (c) Notwithstanding Subsection (a), a defendant may
2-14 participate in victim-offender mediation authorized by Section 30
2-15 on the request of the victim or a guardian of the victim or a close
2-16 relative of a deceased victim.
2-17 (d) In this section, "victim" has the meaning assigned by
2-18 Article 56.01.
2-19 SECTION 3. Article 42.18, Code of Criminal Procedure, is
2-20 amended by adding Section 30 to read as follows:
2-21 Sec. 30. VICTIM-OFFENDER MEDIATION. If the pardons and
2-22 paroles division receives notice from the victim services office of
2-23 the Texas Department of Criminal Justice that a victim of the
2-24 defendant, or the victim's guardian or close relative, wishes to
2-25 participate in victim-offender mediation with a person released to
2-26 parole or mandatory supervision, the division shall cooperate and
2-27 assist the person if the person chooses to participate in the
3-1 mediation program provided by the office. The pardons and paroles
3-2 division may not require the defendant to participate and may not
3-3 reward the person for participation by modifying conditions of
3-4 release or the person's level of supervision or by granting any
3-5 other benefit to the person.
3-6 SECTION 4. This Act takes effect September 1, 1997.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.
4-1 COMMITTEE AMENDMENT NO. 1
4-2 Amend H.B. No. 156 on page 2, lines 2 and 3, by striking ",
4-3 as specifically described in the copy of conditions,".
4-4 75R8419 GWK-D Gray