By Place, Allen, Hamric, et al. H.B. No. 2918
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the extension of a period of supervision under
1-3 community supervision for a defendant charged with or convicted of
1-4 certain sexual or sexually assaultive offenses, to the publication
1-5 of notice under the sex offender registration program, and to the
1-6 classification of inmates in the custody of the Texas Department of
1-7 Criminal Justice on the basis of need for treatment.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 3(d), Article 42.12, Code of Criminal
1-10 Procedure, is amended to read as follows:
1-11 (d) A judge may increase the maximum period of community
1-12 supervision in the manner provided by Section 22(c) or 22A of this
1-13 article.
1-14 SECTION 2. Section 4(c), Article 42.12, Code of Criminal
1-15 Procedure, is amended to read as follows:
1-16 (c) A judge may increase the maximum period of community
1-17 supervision in the manner provided by Section 22(c) or Section 22A
1-18 of this article.
1-19 SECTION 3. Section 5(a), Article 42.12, Code of Criminal
1-20 Procedure, is amended to read as follows:
1-21 (a) Except as provided by Subsection (d) of this section,
1-22 when in the judge's opinion the best interest of society and the
1-23 defendant will be served, the judge may, after receiving a plea of
1-24 guilty or plea of nolo contendere, hearing the evidence, and
2-1 finding that it substantiates the defendant's guilt, defer further
2-2 proceedings without entering an adjudication of guilt, and place
2-3 the defendant on community supervision. After placing the
2-4 defendant on community supervision under this section, the judge
2-5 shall inform the defendant orally or in writing of the possible
2-6 consequences under Subsection (b) of this section of a violation of
2-7 community supervision. If the information is provided orally, the
2-8 judge must record and maintain the judge's statement to the
2-9 defendant. The failure of a judge to inform a defendant of
2-10 possible consequences under Subsection (b) of this section is not a
2-11 ground for reversal unless the defendant shows that he was harmed
2-12 by the failure of the judge to provide the information. In a
2-13 felony case, the period of community supervision may not exceed 10
2-14 years. For a defendant charged with a felony under Section 21.11,
2-15 22.011, or 22.021, Penal Code, regardless of the age of the
2-16 victim, and for a defendant charged with a felony described by
2-17 Section 13B(b) of this article, the period of community supervision
2-18 may not be less than five years. In a misdemeanor case, the period
2-19 of community supervision may not exceed two years. A judge may
2-20 increase the maximum period of community supervision in the manner
2-21 provided by Section 22(c) or 22A of this article. The judge may
2-22 impose a fine applicable to the offense and require any reasonable
2-23 conditions of community supervision, including mental health
2-24 treatment under Section 11(d) of this article, that a judge could
2-25 impose on a defendant placed on community supervision for a
2-26 conviction that was probated and suspended, including confinement.
2-27 The provisions of Section 15 of this article specifying whether a
3-1 defendant convicted of a state jail felony is to be confined in a
3-2 county jail or state jail felony facility and establishing the
3-3 minimum and maximum terms of confinement as a condition of
3-4 community supervision apply in the same manner to a defendant
3-5 placed on community supervision after pleading guilty or nolo
3-6 contendere to a state jail felony. However, upon written motion of
3-7 the defendant requesting final adjudication filed within 30 days
3-8 after entering such plea and the deferment of adjudication, the
3-9 judge shall proceed to final adjudication as in all other cases.
3-10 SECTION 4. Article 42.12, Code of Criminal Procedure, is
3-11 amended by adding Section 22A to read as follows:
3-12 Sec. 22A. EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.
3-13 (a) If a defendant is placed on community supervision after
3-14 receiving a grant of deferred adjudication for or being convicted
3-15 of an offense under Section 21.11, 22.011, or 22.021, Penal Code,
3-16 at any time during the period of community supervision, the judge
3-17 may extend the period of community supervision as provided by this
3-18 section.
3-19 (b) If at a hearing at which the defendant is provided the
3-20 same rights as are provided a defendant at a hearing under Section
3-21 21 the judge determines that the defendant has not sufficiently
3-22 demonstrated a commitment to avoid future criminal behavior and
3-23 that the release of the defendant from supervision would endanger
3-24 the public, the judge may extend the period of supervision for a
3-25 period not to exceed 10 additional years.
3-26 (c) A judge may extend a period of community supervision
3-27 under this section only once; however, the judge may extend a
4-1 period of community supervision for a defendant under both Section
4-2 22(c) and this section, and the prohibition in Section 22(c)
4-3 against a period of community supervision in a felony case
4-4 exceeding 10 years does not apply to a defendant for whom
4-5 community supervision is increased under this section or under both
4-6 Section 22(c) and this section.
4-7 SECTION 5. Section 498.003, Government Code, is amended by
4-8 adding Subsection (f) to read as follows:
4-9 (f) The department may establish and use a separate
4-10 classification system, based on the classes listed in Subsection
4-11 (b), that:
4-12 (1) requires inmates determined by the department to
4-13 need treatment to diligently participate in treatment; and
4-14 (2) makes the award of good conduct time dependent on
4-15 that diligent participation.
4-16 SECTION 6. Section 3(e), Article 6252-13c.1, Revised
4-17 Statutes, is amended to read as follows:
4-18 (e) Not later than the eighth day after receiving a
4-19 registration form under Subsection (b), (c), or (d) of this
4-20 section, the local law enforcement authority shall verify the age
4-21 of the victim and the basis on which the person is subject to
4-22 registration under this article. If the victim is a child younger
4-23 than 17 years of age and the basis on which the person is subject
4-24 to registration is not an adjudication of delinquent conduct or a
4-25 deferred adjudication and is not a conviction for an offense under
4-26 Section 25.02, Penal Code, the authority shall immediately publish
4-27 notice in English and Spanish in the [at least one] newspaper of
5-1 greatest paid [general] circulation in the county in which the
5-2 person subject to registration intends to reside or, if there is no
5-3 newspaper of paid circulation in that county, in the newspaper of
5-4 greatest general circulation in the county. The authority shall
5-5 publish a duplicate notice in the newspaper, with any necessary
5-6 corrections, during the week immediately following the week of
5-7 initial publication. If the victim is a child younger than 17
5-8 years of age, regardless of the basis on which the person is
5-9 subject to registration, the authority shall immediately provide
5-10 notice to the superintendent of public schools of the school
5-11 district in which the person subject to registration intends to
5-12 reside by mail to the district office.
5-13 SECTION 7. Section 4(f), Article 6252-13c.1, Revised
5-14 Statutes, is amended to read as follows:
5-15 (f) If the person moves to another municipality or county in
5-16 this state, the department shall inform the applicable local law
5-17 enforcement authority in the new area of the person's residence not
5-18 later than the third day after the date on which the department
5-19 receives information under Subsection (a) of this section. Not
5-20 later than the eighth day after the date on which the local law
5-21 enforcement authority is informed under Subsection (a) of this
5-22 section or under this subsection, the authority shall verify the
5-23 age of the victim and the basis on which the person is subject to
5-24 registration under this article. If the victim is a child younger
5-25 than 17 years of age and the basis on which the person is subject
5-26 to registration is not an adjudication of delinquent conduct or a
5-27 deferred adjudication and is not a conviction for an offense under
6-1 Section 25.02, Penal Code, the authority shall immediately publish
6-2 notice in English and Spanish in the [at least one] newspaper of
6-3 greatest paid [general] circulation in the county in which the
6-4 person subject to registration intends to reside or, if there is no
6-5 newspaper of paid circulation in that county, in the newspaper of
6-6 greatest general circulation in the county. The local law
6-7 enforcement authority shall publish a duplicate notice in the
6-8 newspaper, with any necessary corrections, during the week
6-9 immediately following the week of initial publication. If the
6-10 victim is a child younger than 17 years of age, regardless of the
6-11 basis on which the person is subject to registration, the authority
6-12 shall immediately provide notice to the superintendent of public
6-13 schools of the school district in which the person subject to
6-14 registration intends to reside by mail to the district office.
6-15 SECTION 8. (a) The changes in law made by Sections 1-4 of
6-16 this Act apply only to a person charged with or convicted of an
6-17 offense committed on or after the effective date of this Act. The
6-18 change in law made by Section 5 of this Act applies only to an
6-19 inmate of the Texas Department of Criminal Justice serving a
6-20 sentence for an offense committed on or after the effective date of
6-21 this Act. For purposes of this section, an offense is committed
6-22 before the effective date of this Act if any element of the offense
6-23 occurs before the effective date.
6-24 (b) A person charged with or convicted of an offense
6-25 committed before the effective date of this Act is covered by the
6-26 law in effect when the offense was committed, and the former law is
6-27 continued in effect for that purpose.
7-1 SECTION 9. This Act takes effect September 1, 1997.
7-2 SECTION 10. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.