By Place 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.