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.