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 supervision
1-5 of certain defendants and inmates on community supervision, parole,
1-6 or mandatory supervision, to the publication of notice under the
1-7 sex offender registration program, and to the classification of
1-8 inmates in the custody of the Texas Department of Criminal Justice
1-9 on the basis of need for treatment.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2, Article 42.12, Code of Criminal
1-12 Procedure, is amended by adding Subdivision (4) to read as follows:
1-13 (4) "Electronic monitoring" includes voice tracking
1-14 systems, position tracking systems, position location systems,
1-15 biometric tracking systems, and any other electronic or
1-16 telecommunications system that may be used to assist in the
1-17 supervision of individuals under this article.
1-18 SECTION 2. Section 3(d), Article 42.12, Code of Criminal
1-19 Procedure, is amended to read as follows:
1-20 (d) A judge may increase the maximum period of community
1-21 supervision in the manner provided by Section 22(c) or 22A of this
1-22 article.
1-23 SECTION 3. Section 4(c), Article 42.12, Code of Criminal
1-24 Procedure, is amended to read as follows:
2-1 (c) A judge may increase the maximum period of community
2-2 supervision in the manner provided by Section 22(c) or Section 22A
2-3 of this article.
2-4 SECTION 4. Section 5(a), Article 42.12, Code of Criminal
2-5 Procedure, is amended to read as follows:
2-6 (a) Except as provided by Subsection (d) of this section,
2-7 when in the judge's opinion the best interest of society and the
2-8 defendant will be served, the judge may, after receiving a plea of
2-9 guilty or plea of nolo contendere, hearing the evidence, and
2-10 finding that it substantiates the defendant's guilt, defer further
2-11 proceedings without entering an adjudication of guilt, and place
2-12 the defendant on community supervision. After placing the
2-13 defendant on community supervision under this section, the judge
2-14 shall inform the defendant orally or in writing of the possible
2-15 consequences under Subsection (b) of this section of a violation of
2-16 community supervision. If the information is provided orally, the
2-17 judge must record and maintain the judge's statement to the
2-18 defendant. The failure of a judge to inform a defendant of
2-19 possible consequences under Subsection (b) of this section is not a
2-20 ground for reversal unless the defendant shows that he was harmed
2-21 by the failure of the judge to provide the information. In a
2-22 felony case, the period of community supervision may not exceed 10
2-23 years. For a defendant charged with a felony under Section 21.11,
2-24 22.011, or 22.021, Penal Code, regardless of the age of the
2-25 victim, and for a defendant charged with a felony described by
2-26 Section 13B(b) of this article, the period of community supervision
2-27 may not be less than five years. In a misdemeanor case, the period
3-1 of community supervision may not exceed two years. A judge may
3-2 increase the maximum period of community supervision in the manner
3-3 provided by Section 22(c) or 22A of this article. The judge may
3-4 impose a fine applicable to the offense and require any reasonable
3-5 conditions of community supervision, including mental health
3-6 treatment under Section 11(d) of this article, that a judge could
3-7 impose on a defendant placed on community supervision for a
3-8 conviction that was probated and suspended, including confinement.
3-9 The provisions of Section 15 of this article specifying whether a
3-10 defendant convicted of a state jail felony is to be confined in a
3-11 county jail or state jail felony facility and establishing the
3-12 minimum and maximum terms of confinement as a condition of
3-13 community supervision apply in the same manner to a defendant
3-14 placed on community supervision after pleading guilty or nolo
3-15 contendere to a state jail felony. However, upon written motion of
3-16 the defendant requesting final adjudication filed within 30 days
3-17 after entering such plea and the deferment of adjudication, the
3-18 judge shall proceed to final adjudication as in all other cases.
3-19 SECTION 5. Article 42.12, Code of Criminal Procedure, is
3-20 amended by adding Section 22A to read as follows:
3-21 Sec. 22A. EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.
3-22 (a) If a defendant is placed on community supervision after
3-23 receiving a grant of deferred adjudication for or being convicted
3-24 of an offense under Section 21.11, 22.011, or 22.021, Penal Code,
3-25 at any time during the period of community supervision, the judge
3-26 may extend the period of community supervision as provided by this
3-27 section.
4-1 (b) If at a hearing at which the defendant is provided the
4-2 same rights as are provided a defendant at a hearing under Section
4-3 21 the judge determines that the defendant has not sufficiently
4-4 demonstrated a commitment to avoid future criminal behavior and
4-5 that the release of the defendant from supervision would endanger
4-6 the public, the judge may extend the period of supervision for a
4-7 period not to exceed 10 additional years.
4-8 (c) A judge may extend a period of community supervision
4-9 under this section only once; however, the judge may extend a
4-10 period of community supervision for a defendant under both Section
4-11 22(c) and this section, and the prohibition in Section 22(c)
4-12 against a period of community supervision in a felony case
4-13 exceeding 10 years does not apply to a defendant for whom
4-14 community supervision is increased under this section or under both
4-15 Section 22(c) and this section.
4-16 SECTION 6. (a) Section 24, Article 42.18, Code of Criminal
4-17 Procedure, is amended to read as follows:
4-18 Sec. 24. INTENSIVE SUPERVISION; SUPER-INTENSIVE SUPERVISION.
4-19 (a) The department shall establish a program to provide intensive
4-20 supervision to inmates released under the provisions of Subchapter
4-21 B, Chapter 499, Government Code, and other inmates determined by
4-22 parole panels or the department to require intensive supervision.
4-23 The Texas Board of Criminal Justice shall adopt rules that
4-24 establish standards for determining which inmates require intensive
4-25 supervision. The program must provide the [highest] level of
4-26 supervision provided by the department that is higher than any
4-27 level of supervision other than the level of supervision described
5-1 by Subsection (b).
5-2 (b) The department shall establish a program to provide
5-3 super-intensive supervision to inmates released on parole or
5-4 mandatory supervision and determined by parole panels to require
5-5 super-intensive supervision. The program must provide the highest
5-6 level of supervision provided by the department.
5-7 (b) The legislature finds that the release of dangerous
5-8 inmates from the Texas Department of Criminal Justice sentenced
5-9 under prior Texas law creates the potential for a continuing threat
5-10 to public safety.
5-11 The legislature finds that current Texas law eliminates the
5-12 chance that dangerous inmates will be automatically released from
5-13 Texas prisons. However, many inmates sentenced under prior Texas
5-14 law are eligible for various forms of early release. Because the
5-15 United States Constitution precludes increasing the sentences of
5-16 dangerous inmates after their convictions, and because prior Texas
5-17 law allows the release of these inmates before the completion of
5-18 their sentences, there is a need to better supervise these inmates
5-19 on release.
5-20 The legislature finds that there is a compelling state
5-21 interest in placing inmates released on parole and mandatory
5-22 supervision under the kind of supervision that will best protect
5-23 public safety. The level of supervision of inmates released from
5-24 the Texas Department of Criminal Justice should be appropriate
5-25 based on their likelihood of committing new offenses, the nature of
5-26 their original offenses, their performance in prison programs
5-27 designed to rehabilitate inmates, and any other factor deemed by a
6-1 parole panel to be relevant to their status.
6-2 The legislature finds that there is a need for a program of
6-3 intensive supervision of certain inmates whose histories indicate a
6-4 propensity for violence. Regardless of whether an inmate's instant
6-5 offense is a violent offense, there is a need for careful
6-6 evaluation and review of each inmate released from prison to
6-7 determine the need for supervision of the inmate.
6-8 The legislature intends by this measure, and by related
6-9 appropriations, to enhance existing parole programs and to provide
6-10 appropriate supervision, including electronic monitoring, under
6-11 existing and future law for dangerous inmates released from the
6-12 Texas Department of Criminal Justice. It is the legislature's
6-13 intention that the scope of allowable supervision under this
6-14 measure and related statutes be construed in the broadest possible
6-15 manner consistent with constitutional restraints.
6-16 SECTION 7. Section 498.003, Government Code, is amended by
6-17 adding Subsection (f) to read as follows:
6-18 (f) The department may establish and use a separate
6-19 classification system, based on the classes listed in Subsection
6-20 (b), that:
6-21 (1) requires inmates determined by the department to
6-22 need treatment to diligently participate in treatment; and
6-23 (2) makes the award of good conduct time dependent on
6-24 that diligent participation.
6-25 SECTION 8. Section 3(e), Article 6252-13c.1, Revised
6-26 Statutes, is amended to read as follows:
6-27 (e) Not later than the eighth day after receiving a
7-1 registration form under Subsection (b), (c), or (d) of this
7-2 section, the local law enforcement authority shall verify the age
7-3 of the victim and the basis on which the person is subject to
7-4 registration under this article. If the victim is a child younger
7-5 than 17 years of age and the basis on which the person is subject
7-6 to registration is not an adjudication of delinquent conduct or a
7-7 deferred adjudication and is not a conviction for an offense under
7-8 Section 25.02, Penal Code, the authority shall immediately publish
7-9 notice in English and Spanish in the [at least one] newspaper of
7-10 greatest paid [general] circulation in the county in which the
7-11 person subject to registration intends to reside or, if there is no
7-12 newspaper of paid circulation in that county, in the newspaper of
7-13 greatest general circulation in the county. The authority shall
7-14 publish a duplicate notice in the newspaper, with any necessary
7-15 corrections, during the week immediately following the week of
7-16 initial publication. If the victim is a child younger than 17
7-17 years of age, regardless of the basis on which the person is
7-18 subject to registration, the authority shall immediately provide
7-19 notice to the superintendent of public schools of the school
7-20 district in which the person subject to registration intends to
7-21 reside by mail to the district office.
7-22 SECTION 9. Section 4(f), Article 6252-13c.1, Revised
7-23 Statutes, is amended to read as follows:
7-24 (f) If the person moves to another municipality or county in
7-25 this state, the department shall inform the applicable local law
7-26 enforcement authority in the new area of the person's residence not
7-27 later than the third day after the date on which the department
8-1 receives information under Subsection (a) of this section. Not
8-2 later than the eighth day after the date on which the local law
8-3 enforcement authority is informed under Subsection (a) of this
8-4 section or under this subsection, the authority shall verify the
8-5 age of the victim and the basis on which the person is subject to
8-6 registration under this article. If the victim is a child younger
8-7 than 17 years of age and the basis on which the person is subject
8-8 to registration is not an adjudication of delinquent conduct or a
8-9 deferred adjudication and is not a conviction for an offense under
8-10 Section 25.02, Penal Code, the authority shall immediately publish
8-11 notice in English and Spanish in the [at least one] newspaper of
8-12 greatest paid [general] circulation in the county in which the
8-13 person subject to registration intends to reside or, if there is no
8-14 newspaper of paid circulation in that county, in the newspaper of
8-15 greatest general circulation in the county. The local law
8-16 enforcement authority shall publish a duplicate notice in the
8-17 newspaper, with any necessary corrections, during the week
8-18 immediately following the week of initial publication. If the
8-19 victim is a child younger than 17 years of age, regardless of the
8-20 basis on which the person is subject to registration, the authority
8-21 shall immediately provide notice to the superintendent of public
8-22 schools of the school district in which the person subject to
8-23 registration intends to reside by mail to the district office.
8-24 SECTION 10. (a) The changes in law made by Sections 2-5 of
8-25 this Act apply only to a person charged with or convicted of an
8-26 offense committed on or after the effective date of this Act. The
8-27 change in law made by Section 6(a) of this Act applies to an inmate
9-1 who is on parole or mandatory supervision on or after the effective
9-2 date of this Act, regardless of when the offense for which the
9-3 inmate was serving a sentence before release was committed. The
9-4 change in law made by Section 7 of this Act applies only to an
9-5 inmate of the Texas Department of Criminal Justice serving a
9-6 sentence for an offense committed on or after the effective date of
9-7 this Act. For purposes of this section, an offense is committed
9-8 before the effective date of this Act if any element of the offense
9-9 occurs before the effective date.
9-10 (b) Except as provided by Subsection (a), a person charged
9-11 with or convicted of an offense committed before the effective date
9-12 of this Act is covered by the law in effect when the offense was
9-13 committed, and the former law is continued in effect for that
9-14 purpose.
9-15 SECTION 11. This Act takes effect September 1, 1997.
9-16 SECTION 12. The importance of this legislation and the
9-17 crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2918 was passed by the House on April
11, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2918 on May 20, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2918 on May 29, 1997, by
the following vote: Yeas 143, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2918 was passed by the Senate, with
amendments, on May 16, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2918 on May 30, 1997,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor