1-1     By:  Gutierrez, et al. (Senate Sponsor - Moncrief)    H.B. No. 1050

 1-2           (In the Senate - Received from the House April 1, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; April 30, 1997, reported favorably by the

 1-5     following vote:  Yeas 6, Nays 0; April 30, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to conditions of parole or mandatory supervision for an

 1-9     inmate released after serving a sentence for the offense of

1-10     stalking.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.   Subdivision (1), Subsection (o), Section 8,

1-13     Article 42.18, Code of Criminal Procedure, as amended by Senate

1-14     Bill No. 97, Acts of the 75th Legislature, 1997, is amended to read

1-15     as follows:

1-16           (o)(1)  In addition to other conditions imposed by a parole

1-17     panel under this article, the parole panel may require as a

1-18     condition of parole or release to mandatory supervision that an

1-19     inmate serving a sentence for an offense under Section 42.072,

1-20     Penal Code:

1-21                       (A)  attend psychological counseling sessions of

1-22     a type and for a duration as specified by the parole panel, if the

1-23     parole panel determines in consultation with a local mental health

1-24     services provider that appropriate mental health services are

1-25     available through the Texas Department of Mental Health and Mental

1-26     Retardation in accordance with Section 534.053, Health and Safety

1-27     Code, or through another mental health services provider; and

1-28                       (B)  [, may] not:

1-29                             (i) [(A)]  communicate directly or

1-30     indirectly with the victim; or

1-31                             (ii) [(B)]  go to or near the residence,

1-32     place of employment, or business of the victim or to or near a

1-33     school, day-care facility, or similar facility where a dependent

1-34     child of the victim is in attendance.

1-35           SECTION 2.   The importance of this legislation and the

1-36     crowded condition of the calendars in both houses create an

1-37     emergency and an imperative public necessity that the

1-38     constitutional rule requiring bills to be read on three several

1-39     days in each house be suspended, and this rule is hereby suspended,

1-40     and that this Act take effect and be in force from and after its

1-41     passage, and it is so enacted.

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