AN ACT
1-1 relating to conditions for probation and release under supervision
1-2 for a child adjudicated for engaging in certain delinquent conduct
1-3 and to certain instruction and treatment for the parent or guardian
1-4 of the child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 54, Family Code, is amended by adding
1-7 Section 54.0405 to read as follows:
1-8 Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT
1-9 CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a
1-10 disposition under Section 54.04 in which a child described by
1-11 Subsection (b) is placed on probation and the court determines that
1-12 the victim of the offense was a child as defined by Section
1-13 22.011(c), Penal Code, the court may require as a condition of
1-14 probation that the child:
1-15 (1) attend psychological counseling sessions for sex
1-16 offenders as provided by Subsection (e); and
1-17 (2) submit to a polygraph examination as provided by
1-18 Subsection (f) for purposes of evaluating the child's treatment
1-19 progress.
1-20 (b) This section applies to a child placed on probation for
1-21 conduct constituting an offense:
1-22 (1) under Section 21.08, 21.11, 22.011, 22.021, or
1-23 25.02, Penal Code;
2-1 (2) under Section 20.04(a)(4), Penal Code, if the
2-2 child engaged in the conduct with the intent to violate or abuse
2-3 the victim sexually; or
2-4 (3) under Section 30.02, Penal Code, punishable under
2-5 Subsection (d) of that section, if the child engaged in the conduct
2-6 with the intent to commit a felony listed in Subdivision (1) or (2)
2-7 of this subsection.
2-8 (c) Psychological counseling required as a condition of
2-9 probation under Subsection (a) must be with an individual or
2-10 organization that:
2-11 (1) provides sex offender treatment or counseling;
2-12 (2) is specified by the local juvenile probation
2-13 department supervising the child; and
2-14 (3) meets minimum standards of counseling established
2-15 by the local juvenile probation department.
2-16 (d) A polygraph examination required as a condition of
2-17 probation under Subsection (a) must be administered by an
2-18 individual who is:
2-19 (1) specified by the local juvenile probation
2-20 department supervising the child; and
2-21 (2) licensed as a polygraph examiner under the
2-22 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil
2-23 Statutes).
2-24 (e) A local juvenile probation department that specifies a
2-25 sex offender treatment provider under Subsection (c) to provide
3-1 counseling to a child shall:
3-2 (1) establish with the cooperation of the treatment
3-3 provider the date, time, and place of the first counseling session
3-4 between the child and the treatment provider;
3-5 (2) notify the child and the treatment provider, not
3-6 later than the 21st day after the date the order making the
3-7 disposition placing the child on probation under Section 54.04
3-8 becomes final, of the date, time, and place of the first counseling
3-9 session between the child and the treatment provider; and
3-10 (3) require the treatment provider to notify the
3-11 department immediately if the child fails to attend any scheduled
3-12 counseling session.
3-13 (f) A local juvenile probation department that specifies a
3-14 polygraph examiner under Subsection (d) to administer a polygraph
3-15 examination to a child shall arrange for a polygraph examination to
3-16 be administered to the child:
3-17 (1) not later than the 60th day after the date the
3-18 child attends the first counseling session established under
3-19 Subsection (e); and
3-20 (2) after the initial polygraph examination, as
3-21 required by Subdivision (1), on the request of the treatment
3-22 provider specified under Subsection (c).
3-23 (g) A court that requires as a condition of probation that a
3-24 child attend psychological counseling under Subsection (a) may
3-25 order the parent or guardian of the child to:
4-1 (1) attend four sessions of instruction with an
4-2 individual or organization specified by the court relating to:
4-3 (A) sexual offenses;
4-4 (B) family communication skills;
4-5 (C) sex offender treatment;
4-6 (D) victims' rights;
4-7 (E) parental supervision; and
4-8 (F) appropriate sexual behavior; and
4-9 (2) during the period the child attends psychological
4-10 counseling, participate in monthly treatment groups conducted by
4-11 the child's treatment provider relating to the child's
4-12 psychological counseling.
4-13 (h) A court that orders a parent or guardian of a child to
4-14 attend instructional sessions and participate in treatment groups
4-15 under Subsection (g) shall require:
4-16 (1) the individual or organization specified by the
4-17 court under Subsection (g) to notify the court immediately if the
4-18 parent or guardian fails to attend any scheduled instructional
4-19 session; and
4-20 (2) the child's treatment provider specified under
4-21 Subsection (c) to notify the court immediately if the parent or
4-22 guardian fails to attend a session in which the parent or guardian
4-23 is required to participate in a scheduled treatment group.
4-24 (i) A court that requires as a condition of probation that a
4-25 child attend psychological counseling under Subsection (a) may,
5-1 before the date the probation period ends, extend the probation for
5-2 any additional period necessary to complete the required counseling
5-3 as determined by the treatment provider, except that the probation
5-4 may not be extended to a date after the date of the child's 18th
5-5 birthday.
5-6 SECTION 2. Section 54.04, Family Code, is amended by adding
5-7 Subsection (p) to read as follows:
5-8 (p) Except as provided by Subsection (l), a court that
5-9 places a child on probation under Subsection (d)(1) for conduct
5-10 described by Section 54.0405(b) and punishable as a felony shall
5-11 specify a minimum probation period of two years.
5-12 SECTION 3. Subchapter F, Chapter 61, Human Resources Code,
5-13 is amended by adding Section 61.0813 to read as follows:
5-14 Sec. 61.0813. SEX OFFENDER COUNSELING AND TREATMENT.
5-15 (a) Before releasing a child described by Subsection (b) under
5-16 supervision, the commission may require as a condition of release
5-17 that the child:
5-18 (1) attend psychological counseling sessions for sex
5-19 offenders as provided by Subsection (e); and
5-20 (2) submit to a polygraph examination as provided by
5-21 Subsection (f) for purposes of evaluating the child's treatment
5-22 progress.
5-23 (b) This section applies to a child only if:
5-24 (1) the child has been adjudicated for engaging in
5-25 delinquent conduct constituting an offense:
6-1 (A) under Section 21.08, 21.11, 22.011, 22.021,
6-2 or 25.02, Penal Code;
6-3 (B) under Section 20.04(a)(4), Penal Code, if
6-4 the child engaged in the conduct with the intent to violate or
6-5 abuse the victim sexually; or
6-6 (C) under Section 30.02, Penal Code, punishable
6-7 under Subsection (d) of that section, if the child engaged in the
6-8 conduct with the intent to commit a felony listed in Paragraph (A)
6-9 or (B) of this subdivision; and
6-10 (2) the victim of the conduct described by Subdivision
6-11 (1) was a child as defined by Section 22.011(c), Penal Code.
6-12 (c) Psychological counseling required as a condition of
6-13 release under Subsection (a) must be with an individual or
6-14 organization that:
6-15 (1) provides sex offender treatment or counseling;
6-16 (2) is specified by the commission; and
6-17 (3) meets minimum standards of counseling established
6-18 by the commission.
6-19 (d) A polygraph examination required as a condition of
6-20 release under Subsection (a) must be administered by an individual
6-21 who is:
6-22 (1) specified by the commission; and
6-23 (2) licensed as a polygraph examiner under the
6-24 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil
6-25 Statutes).
7-1 (e) In addition to specifying a sex offender treatment
7-2 provider to provide counseling to a child described by Subsection
7-3 (b), the commission shall:
7-4 (1) establish with the cooperation of the treatment
7-5 provider the date, time, and place of the first counseling session
7-6 between the child and the treatment provider;
7-7 (2) notify the child and the treatment provider before
7-8 the release of the child of the date, time, and place of the first
7-9 counseling session between the child and the treatment provider;
7-10 and
7-11 (3) require the treatment provider to notify the
7-12 commission immediately if the child fails to attend any scheduled
7-13 counseling session.
7-14 (f) If the commission specifies a polygraph examiner under
7-15 Subsection (d) to administer a polygraph examination to a child,
7-16 the commission shall arrange for a polygraph examination to be
7-17 administered to the child:
7-18 (1) not later than the 60th day after the date the
7-19 child attends the first counseling session established under
7-20 Subsection (e); and
7-21 (2) after the initial polygraph examination, as
7-22 required by Subdivision (1), on the request of the treatment
7-23 provider specified under Subsection (c).
7-24 (g) If the commission requires as a condition of release
7-25 that a child attend psychological counseling under Subsection (a),
8-1 the commission shall notify the court that committed the child to
8-2 the commission. After receiving notification from the commission
8-3 under this subsection, the court may order the parent or guardian
8-4 of the child to:
8-5 (1) attend four sessions of instruction with an
8-6 individual or organization specified by the commission relating to:
8-7 (A) sexual offenses;
8-8 (B) family communication skills;
8-9 (C) sex offender treatment;
8-10 (D) victims' rights;
8-11 (E) parental supervision; and
8-12 (F) appropriate sexual behavior; and
8-13 (2) during the time the child attends psychological
8-14 counseling, participate in monthly treatment groups conducted by
8-15 the child's treatment provider relating to the child's
8-16 psychological counseling.
8-17 (h) A court that orders a parent or guardian of a child to
8-18 attend instructional sessions and participate in treatment groups
8-19 under Subsection (g) shall require:
8-20 (1) the individual or organization specified by the
8-21 commission under Subsection (g) to notify the court immediately if
8-22 the parent or guardian fails to attend any scheduled instructional
8-23 session; and
8-24 (2) the child's treatment provider specified under
8-25 Subsection (c) to notify the court immediately if the parent or
9-1 guardian fails to attend a session in which the parent or guardian
9-2 is required to participate in a scheduled treatment group.
9-3 (i) If the commission requires as a condition of release
9-4 that a child attend psychological counseling under Subsection (a),
9-5 the commission may, before the date the period of release ends,
9-6 petition the appropriate court to request the court to extend the
9-7 period of release for an additional period necessary to complete
9-8 the required counseling as determined by the treatment provider,
9-9 except that the release period may not be extended to a date after
9-10 the date of the child's 18th birthday.
9-11 SECTION 4. Section 493.017, Government Code, as added by
9-12 Chapter 256, Acts of the 74th Legislature, 1995, is amended by
9-13 adding Subsections (c) and (d) to read as follows:
9-14 (c) A sex offender correction program that provides
9-15 counseling sessions for a child under Section 54.0405, Family Code,
9-16 shall report to the local juvenile probation department supervising
9-17 the child, not later than the 15th day of each month, the following
9-18 information about the child:
9-19 (1) the total number of counseling sessions attended
9-20 by the child during the preceding month; and
9-21 (2) if during the preceding month the child terminates
9-22 participation in the program before completing counseling, the
9-23 reason for the child's termination of counseling or that the reason
9-24 for the termination of counseling is unknown.
9-25 (d) A sex offender correction program that provides
10-1 counseling sessions for a child who is released under supervision
10-2 under Section 61.0813, Human Resources Code, shall report to the
10-3 Texas Youth Commission, not later than the 15th day of each month,
10-4 the following information about the child:
10-5 (1) the total number of counseling sessions attended
10-6 by the child during the preceding month; and
10-7 (2) if during the preceding month the child terminates
10-8 participation in the program before completing counseling, the
10-9 reason for the child's termination of counseling or that the reason
10-10 for the termination of counseling is unknown.
10-11 SECTION 5. A sex offender correction program shall make the
10-12 first monthly report required by Section 493.017, Government Code,
10-13 as added by Chapter 256, Acts of the 74th Legislature, 1995, and as
10-14 amended by this Act, not later than October 15, 1997.
10-15 SECTION 6. (a) The change in law made by this Act applies
10-16 only to conduct that occurs on or after the effective date of this
10-17 Act. Conduct violating a penal law of the state occurs on or after
10-18 the effective date of this Act if every element of the violation
10-19 occurs on or after that date.
10-20 (b) Conduct that occurs before the effective date of this
10-21 Act is covered by the law in effect at the time the conduct
10-22 occurred, and the former law is continued in effect for that
10-23 purpose.
10-24 SECTION 7. This Act takes effect September 1, 1997.
10-25 SECTION 8. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1232 passed the Senate on
May 5, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1232 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor