1-1 By: Place, Allen, Hamric, et al. H.B. No. 2918
1-2 (Senate Sponsor - Whitmire)
1-3 (In the Senate - Received from the House April 14, 1997;
1-4 April 18, 1997, read first time and referred to Committee on
1-5 Criminal Justice; May 15, 1997, reported favorably, as amended, by
1-6 the following vote: Yeas 7, Nays 0; May 15, 1997, sent to
1-7 printer.)
1-8 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-9 Amend H.B. No. 2918 by adding the following appropriately
1-10 numbered SECTION and renumbering existing SECTIONS accordingly:
1-11 SECTION ____. Section 24, Article 42.18, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 Sec. 24. INTENSIVE SUPERVISION; SUPER-INTENSIVE SUPERVISION.
1-14 (a) The department shall establish a program to provide intensive
1-15 supervision to inmates released under the provisions of Subchapter
1-16 B, Chapter 499, Government Code, and other inmates determined by
1-17 parole panels or the department to require intensive supervision.
1-18 The Texas Board of Criminal Justice shall adopt rules that
1-19 establish standards for determining which inmates require intensive
1-20 supervision. The program must provide the [highest] level of
1-21 supervision provided by the department that is higher than any
1-22 level of supervision other than the level of supervision described
1-23 by Subsection (b).
1-24 (b) The department shall establish a program to provide
1-25 super-intensive supervision to inmates released on parole or
1-26 mandatory supervision and determined by parole panels to require
1-27 super-intensive supervision. The program must provide the highest
1-28 level of supervision provided by the department.
1-29 COMMITTEE AMENDMENT NO. 2 By: Whitmire
1-30 Amend H.B. No. 2918 by adding the following appropriately
1-31 numbered SECTION and renumbering existing SECTIONS accordingly:
1-32 SECTION __. Section 2, Article 42.12, Code of Criminal
1-33 Procedure, is amended by adding Subdivision (4) to read as follows:
1-34 (4) "Electronic monitoring" includes voice tracking
1-35 systems, position tracking systems, position location systems,
1-36 biometric tracking systems, and any other electronic or
1-37 telecommunications system that may be used to assist in the
1-38 supervision of individuals under this article.
1-39 COMMITTEE AMENDMENT NO. 3 By: Whitmire
1-40 Amend H.B. No. 2918 by adding an appropriately numbered
1-41 SECTION to read as follows and by renumbering existing SECTIONS
1-42 accordingly:
1-43 SECTION ____. The legislature finds that the release of
1-44 dangerous inmates from the Texas Department of Criminal Justice
1-45 sentenced under prior Texas law creates the potential for a
1-46 continuing threat to public safety.
1-47 The legislature finds that current Texas law eliminates the
1-48 chance that dangerous inmates will be automatically released from
1-49 Texas prisons. However, many inmates sentenced under prior Texas
1-50 law are eligible for various forms of early release. Because the
1-51 United States Constitution precludes increasing the sentences of
1-52 dangerous inmates after their convictions, and because prior Texas
1-53 law allows the release of these inmates before the completion of
1-54 their sentences, there is a need to better supervise these inmates
1-55 on release.
1-56 The legislature finds that there is a compelling state
1-57 interest in placing inmates released on parole and mandatory
1-58 supervision under the kind of supervision that will best protect
1-59 public safety. The level of supervision of inmates released from
1-60 the Texas Department of Criminal Justice should be appropriate
1-61 based on their likelihood of committing new offenses, the nature of
1-62 their original offenses, their performance in prison programs
1-63 designed to rehabilitate inmates, and any other factor deemed by a
1-64 parole panel to be relevant to their status.
2-1 The legislature finds that there is a need for a program of
2-2 intensive supervision of certain inmates whose histories indicate a
2-3 propensity for violence. Regardless of whether an inmate's instant
2-4 offense is a violent offense, there is a need for careful
2-5 evaluation and review of each inmate released from prison to
2-6 determine the need for supervision of the inmate.
2-7 The legislature intends by this measure, and by related
2-8 appropriations, to enhance existing parole programs and to provide
2-9 appropriate supervision, including electronic monitoring, under
2-10 existing and future law for dangerous inmates released from the
2-11 Texas Department of Criminal Justice. It is the legislature's
2-12 intention that the scope of allowable supervision under this
2-13 measure and related statutes be construed in the broadest possible
2-14 manner consistent with constitutional restraints.
2-15 COMMITTEE AMENDMENT NO. 4 By: Shapiro
2-16 Amend HB 2918 as follows:
2-17 Amend Sec. 3, page 2 line 65 of the bill by inserting the
2-18 words "or more than 20 years", after the word "years" and before
2-19 the period.
2-20 A BILL TO BE ENTITLED
2-21 AN ACT
2-22 relating to the extension of a period of supervision under
2-23 community supervision for a defendant charged with or convicted of
2-24 certain sexual or sexually assaultive offenses, to the publication
2-25 of notice under the sex offender registration program, and to the
2-26 classification of inmates in the custody of the Texas Department of
2-27 Criminal Justice on the basis of need for treatment.
2-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-29 SECTION 1. Section 3(d), Article 42.12, Code of Criminal
2-30 Procedure, is amended to read as follows:
2-31 (d) A judge may increase the maximum period of community
2-32 supervision in the manner provided by Section 22(c) or 22A of this
2-33 article.
2-34 SECTION 2. Section 4(c), Article 42.12, Code of Criminal
2-35 Procedure, is amended to read as follows:
2-36 (c) A judge may increase the maximum period of community
2-37 supervision in the manner provided by Section 22(c) or Section 22A
2-38 of this article.
2-39 SECTION 3. Section 5(a), Article 42.12, Code of Criminal
2-40 Procedure, is amended to read as follows:
2-41 (a) Except as provided by Subsection (d) of this section,
2-42 when in the judge's opinion the best interest of society and the
2-43 defendant will be served, the judge may, after receiving a plea of
2-44 guilty or plea of nolo contendere, hearing the evidence, and
2-45 finding that it substantiates the defendant's guilt, defer further
2-46 proceedings without entering an adjudication of guilt, and place
2-47 the defendant on community supervision. After placing the
2-48 defendant on community supervision under this section, the judge
2-49 shall inform the defendant orally or in writing of the possible
2-50 consequences under Subsection (b) of this section of a violation of
2-51 community supervision. If the information is provided orally, the
2-52 judge must record and maintain the judge's statement to the
2-53 defendant. The failure of a judge to inform a defendant of
2-54 possible consequences under Subsection (b) of this section is not a
2-55 ground for reversal unless the defendant shows that he was harmed
2-56 by the failure of the judge to provide the information. In a
2-57 felony case, the period of community supervision may not exceed 10
2-58 years. For a defendant charged with a felony under Section 21.11,
2-59 22.011, or 22.021, Penal Code, regardless of the age of the
2-60 victim, and for a defendant charged with a felony described by
2-61 Section 13B(b) of this article, the period of community supervision
2-62 may not be less than five years. In a misdemeanor case, the period
2-63 of community supervision may not exceed two years. A judge may
2-64 increase the maximum period of community supervision in the manner
2-65 provided by Section 22(c) or 22A of this article. The judge may
2-66 impose a fine applicable to the offense and require any reasonable
2-67 conditions of community supervision, including mental health
2-68 treatment under Section 11(d) of this article, that a judge could
2-69 impose on a defendant placed on community supervision for a
3-1 conviction that was probated and suspended, including confinement.
3-2 The provisions of Section 15 of this article specifying whether a
3-3 defendant convicted of a state jail felony is to be confined in a
3-4 county jail or state jail felony facility and establishing the
3-5 minimum and maximum terms of confinement as a condition of
3-6 community supervision apply in the same manner to a defendant
3-7 placed on community supervision after pleading guilty or nolo
3-8 contendere to a state jail felony. However, upon written motion of
3-9 the defendant requesting final adjudication filed within 30 days
3-10 after entering such plea and the deferment of adjudication, the
3-11 judge shall proceed to final adjudication as in all other cases.
3-12 SECTION 4. Article 42.12, Code of Criminal Procedure, is
3-13 amended by adding Section 22A to read as follows:
3-14 Sec. 22A. EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.
3-15 (a) If a defendant is placed on community supervision after
3-16 receiving a grant of deferred adjudication for or being convicted
3-17 of an offense under Section 21.11, 22.011, or 22.021, Penal Code,
3-18 at any time during the period of community supervision, the judge
3-19 may extend the period of community supervision as provided by this
3-20 section.
3-21 (b) If at a hearing at which the defendant is provided the
3-22 same rights as are provided a defendant at a hearing under Section
3-23 21 the judge determines that the defendant has not sufficiently
3-24 demonstrated a commitment to avoid future criminal behavior and
3-25 that the release of the defendant from supervision would endanger
3-26 the public, the judge may extend the period of supervision for a
3-27 period not to exceed 10 additional years.
3-28 (c) A judge may extend a period of community supervision
3-29 under this section only once; however, the judge may extend a
3-30 period of community supervision for a defendant under both Section
3-31 22(c) and this section, and the prohibition in Section 22(c)
3-32 against a period of community supervision in a felony case
3-33 exceeding 10 years does not apply to a defendant for whom
3-34 community supervision is increased under this section or under both
3-35 Section 22(c) and this section.
3-36 SECTION 5. Section 498.003, Government Code, is amended by
3-37 adding Subsection (f) to read as follows:
3-38 (f) The department may establish and use a separate
3-39 classification system, based on the classes listed in Subsection
3-40 (b), that:
3-41 (1) requires inmates determined by the department to
3-42 need treatment to diligently participate in treatment; and
3-43 (2) makes the award of good conduct time dependent on
3-44 that diligent participation.
3-45 SECTION 6. Section 3(e), Article 6252-13c.1, Revised
3-46 Statutes, is amended to read as follows:
3-47 (e) Not later than the eighth day after receiving a
3-48 registration form under Subsection (b), (c), or (d) of this
3-49 section, the local law enforcement authority shall verify the age
3-50 of the victim and the basis on which the person is subject to
3-51 registration under this article. If the victim is a child younger
3-52 than 17 years of age and the basis on which the person is subject
3-53 to registration is not an adjudication of delinquent conduct or a
3-54 deferred adjudication and is not a conviction for an offense under
3-55 Section 25.02, Penal Code, the authority shall immediately publish
3-56 notice in English and Spanish in the [at least one] newspaper of
3-57 greatest paid [general] circulation in the county in which the
3-58 person subject to registration intends to reside or, if there is no
3-59 newspaper of paid circulation in that county, in the newspaper of
3-60 greatest general circulation in the county. The authority shall
3-61 publish a duplicate notice in the newspaper, with any necessary
3-62 corrections, during the week immediately following the week of
3-63 initial publication. If the victim is a child younger than 17
3-64 years of age, regardless of the basis on which the person is
3-65 subject to registration, the authority shall immediately provide
3-66 notice to the superintendent of public schools of the school
3-67 district in which the person subject to registration intends to
3-68 reside by mail to the district office.
3-69 SECTION 7. Section 4(f), Article 6252-13c.1, Revised
4-1 Statutes, is amended to read as follows:
4-2 (f) If the person moves to another municipality or county in
4-3 this state, the department shall inform the applicable local law
4-4 enforcement authority in the new area of the person's residence not
4-5 later than the third day after the date on which the department
4-6 receives information under Subsection (a) of this section. Not
4-7 later than the eighth day after the date on which the local law
4-8 enforcement authority is informed under Subsection (a) of this
4-9 section or under this subsection, the authority shall verify the
4-10 age of the victim and the basis on which the person is subject to
4-11 registration under this article. If the victim is a child younger
4-12 than 17 years of age and the basis on which the person is subject
4-13 to registration is not an adjudication of delinquent conduct or a
4-14 deferred adjudication and is not a conviction for an offense under
4-15 Section 25.02, Penal Code, the authority shall immediately publish
4-16 notice in English and Spanish in the [at least one] newspaper of
4-17 greatest paid [general] circulation in the county in which the
4-18 person subject to registration intends to reside or, if there is no
4-19 newspaper of paid circulation in that county, in the newspaper of
4-20 greatest general circulation in the county. The local law
4-21 enforcement authority shall publish a duplicate notice in the
4-22 newspaper, with any necessary corrections, during the week
4-23 immediately following the week of initial publication. If the
4-24 victim is a child younger than 17 years of age, regardless of the
4-25 basis on which the person is subject to registration, the authority
4-26 shall immediately provide notice to the superintendent of public
4-27 schools of the school district in which the person subject to
4-28 registration intends to reside by mail to the district office.
4-29 SECTION 8. (a) The changes in law made by Sections 1-4 of
4-30 this Act apply only to a person charged with or convicted of an
4-31 offense committed on or after the effective date of this Act. The
4-32 change in law made by Section 5 of this Act applies only to an
4-33 inmate of the Texas Department of Criminal Justice serving a
4-34 sentence for an offense committed on or after the effective date of
4-35 this Act. For purposes of this section, an offense is committed
4-36 before the effective date of this Act if any element of the offense
4-37 occurs before the effective date.
4-38 (b) A person charged with or convicted of an offense
4-39 committed before the effective date of this Act is covered by the
4-40 law in effect when the offense was committed, and the former law is
4-41 continued in effect for that purpose.
4-42 SECTION 9. This Act takes effect September 1, 1997.
4-43 SECTION 10. The importance of this legislation and the
4-44 crowded condition of the calendars in both houses create an
4-45 emergency and an imperative public necessity that the
4-46 constitutional rule requiring bills to be read on three several
4-47 days in each house be suspended, and this rule is hereby suspended.
4-48 * * * * *