By Wise H.B. No. 1728
75R5078 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain defendants charged with or
1-3 convicted of sexual offenses against children for release on
1-4 community supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-7 amended by adding Section 3h to read as follows:
1-8 Sec. 3h. LIMITATION ON COMMUNITY SUPERVISION FOR CERTAIN SEX
1-9 OFFENDERS. (a) Regardless of whether the defendant is otherwise
1-10 eligible for release on community supervision under this article,
1-11 a judge may not place on community supervision a defendant charged
1-12 with or convicted of an offense listed in Subsection (b), and a
1-13 jury may not recommend that a judge place on community supervision
1-14 a defendant convicted of an offense listed in Subsection (b).
1-15 (b) This section prohibits the placement on community
1-16 supervision of a defendant who commits an offense under:
1-17 (1) Section 21.11, 22.011, 22.021, or 25.02, Penal
1-18 Code, if the victim of the offense was younger than 17 years of age
1-19 at the time the offense was committed and suffered serious bodily
1-20 injury or death as a result of the offense;
1-21 (2) Section 21.11, 22.021, or 25.02, Penal Code, if
1-22 the victim of the offense was younger than 12 years of age at the
1-23 time of the commission of the offense, unless the court determines
1-24 that:
2-1 (A) the defendant is a parent, stepparent,
2-2 adoptive parent, relative, legal guardian, or member or former
2-3 member of the victim's household;
2-4 (B) the defendant, if permitted to avoid
2-5 imprisonment, poses no future threat of harm to the victim;
2-6 (C) the defendant has been accepted in a mental
2-7 health treatment program that provides therapy relevant to the
2-8 defendant's offense; and
2-9 (D) it is in the best interest of the victim
2-10 that the defendant not be imprisoned; or
2-11 (3) Section 21.11, 22.011, 22.021, or 25.02, Penal
2-12 Code, if the victim of the offense was younger than 17 years of age
2-13 at the time of the commission of the offense, or Section
2-14 43.05(a)(2), 43.25, or 43.26, Penal Code, and the defendant has
2-15 previously been convicted of an offense:
2-16 (A) listed in this subdivision; or
2-17 (B) under federal law or the law of another
2-18 state that contains elements that are substantially similar to the
2-19 elements of an offense listed in this subdivision.
2-20 SECTION 2. (a) The change in law made by this Act applies
2-21 only to an offense committed on or after the effective date of this
2-22 Act. For purposes of this section, an offense is committed before
2-23 the effective date of this Act if any element of the offense occurs
2-24 before the effective date.
2-25 (b) An offense committed before the effective date of this
2-26 Act is covered by the law in effect when the offense was committed,
2-27 and the former law is continued in effect for that purpose.
3-1 SECTION 3. This Act takes effect September 1, 1997.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.