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