By Place, Allen, Hamric                               H.B. No. 2918

         75R7490 GWK-D                           

                                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 and to the

 1-5     classification of inmates in the custody of the Texas Department of

 1-6     Criminal Justice on the basis of need for treatment.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Section 3(d), Article 42.12, Code of Criminal

 1-9     Procedure, is amended to read as follows:

1-10           (d)  A judge may increase the maximum period of community

1-11     supervision in the manner provided by Section 22(c) or 22A of this

1-12     article.

1-13           SECTION 2.  Section 4(c), Article 42.12, Code of Criminal

1-14     Procedure, is amended to read as follows:

1-15           (c)  A judge may increase the maximum period of community

1-16     supervision in the manner provided by Section 22(c) or Section 22A

1-17     of this article.

1-18           SECTION 3.  Section 5(a), Article 42.12, Code of Criminal

1-19     Procedure, is amended to read as follows:

1-20           (a)  Except as provided by Subsection (d) of this section,

1-21     when in the judge's opinion the best interest of society and the

1-22     defendant will be served, the judge may, after receiving a plea of

1-23     guilty or plea of nolo contendere, hearing the evidence, and

1-24     finding that it substantiates the defendant's guilt, defer further

 2-1     proceedings without entering an adjudication of guilt, and place

 2-2     the defendant on community supervision.  After placing the

 2-3     defendant on community supervision under this section, the judge

 2-4     shall inform the defendant orally or in writing of the possible

 2-5     consequences under Subsection (b) of this section of a violation of

 2-6     community supervision.  If the information is provided orally, the

 2-7     judge must record and maintain the judge's statement to the

 2-8     defendant.  The failure of a judge to inform a defendant of

 2-9     possible consequences under Subsection (b) of this section is not a

2-10     ground for reversal unless the defendant shows that he was harmed

2-11     by the failure of the judge to provide the information.  In a

2-12     felony case, the period of community supervision may not exceed 10

2-13     years.  For a defendant charged with a felony under  Section 21.11,

2-14     22.011, or  22.021, Penal Code, regardless of the age of the

2-15     victim, and for a defendant charged with a felony described by

2-16     Section 13B(b) of this article, the period of community supervision

2-17     may not be less than five years.  In a misdemeanor case, the period

2-18     of community supervision may not exceed two years.  A judge may

2-19     increase the maximum period of community supervision in the manner

2-20     provided by Section 22(c) or 22A of this article.  The judge may

2-21     impose a fine applicable to the offense and require any reasonable

2-22     conditions of community supervision, including mental health

2-23     treatment under Section 11(d) of this article, that a judge could

2-24     impose on a defendant placed on community supervision for a

2-25     conviction that was probated and suspended, including confinement.

2-26     The provisions of Section 15 of this article specifying whether a

2-27     defendant convicted of a state jail felony is to be confined in a

 3-1     county jail or state jail felony facility and establishing the

 3-2     minimum and maximum terms of confinement as a condition of

 3-3     community supervision apply in the same manner to a defendant

 3-4     placed on community supervision after pleading guilty or nolo

 3-5     contendere to a state jail felony.  However, upon written motion of

 3-6     the defendant requesting final adjudication filed within 30 days

 3-7     after entering such plea and the deferment of adjudication, the

 3-8     judge shall proceed to final adjudication as in all other cases.

 3-9           SECTION 4.  Article 42.12, Code of Criminal Procedure, is

3-10     amended by adding Section 22A to read as follows:

3-11           Sec. 22A.  EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.

3-12     (a)  If a defendant is placed on community supervision after

3-13     receiving a grant of deferred adjudication for  or being convicted

3-14     of an offense under Section 21.11, 22.011, or 22.021, Penal Code,

3-15     at any time during the period of community supervision, the judge

3-16     may extend the period of community supervision as provided by this

3-17     section.

3-18           (b)  If at a hearing at which the defendant is provided the

3-19     same rights as are provided a defendant at a hearing under Section

3-20     21 the judge determines that the defendant has not sufficiently

3-21     demonstrated a  commitment to avoid future criminal behavior and

3-22     that the  release of the defendant from supervision would  endanger

3-23     the public, the judge may extend the period of supervision for a

3-24     period not to exceed 10 additional years.

3-25           (c)  A judge may extend a period of community supervision

3-26     under this section only once; however, the judge may extend a

3-27     period  of community supervision for a defendant under both Section

 4-1     22(c) and this section, and the prohibition in Section 22(c)

 4-2     against a period of community supervision in a felony case

 4-3     exceeding 10 years  does not apply to a defendant for whom

 4-4     community supervision is increased under this section or under both

 4-5     Section 22(c) and this section.

 4-6           SECTION 5.  Section 498.003, Government Code, is amended by

 4-7     adding Subsection (f) to read as follows:

 4-8           (f)  The department may establish and use a separate

 4-9     classification system, based on the classes listed in Subsection

4-10     (b), that:

4-11                 (1)  requires inmates determined by the department to

4-12     need treatment to diligently participate in treatment; and

4-13                 (2)  makes the award of good conduct time dependent on

4-14     that diligent participation.

4-15           SECTION 6.  (a)  The changes in law made by Sections 1-4 of

4-16     this Act apply only to a person charged with or convicted of an

4-17     offense committed on or after the effective date of this Act.  The

4-18     change in law made by Section 5 of this Act applies only to an

4-19     inmate of the Texas Department of Criminal Justice serving a

4-20     sentence for an offense committed on or after the effective date of

4-21     this Act.  For purposes of this section, an offense is committed

4-22     before the effective date of this Act if any element of the offense

4-23     occurs before the effective date.

4-24           (b)  A person charged with or convicted of an offense

4-25     committed before the effective date of this Act is covered by the

4-26     law in effect when the offense was committed, and the former law is

4-27     continued in effect for that purpose.

 5-1           SECTION 7.  This Act takes effect September 1, 1997.

 5-2           SECTION 8.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended.