By Shapiro                                      S.B. No. 1232

      75R1540 DD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to conditions for probation, release under supervision,

 1-3     and determinate sentence parole for a child adjudicated for

 1-4     engaging in certain delinquent conduct.

 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 A 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 shall require as a condition of

1-14     probation that the child attend psychological counseling sessions

1-15     for sex offenders.  The counseling must be with an individual or

1-16     organization that:

1-17                 (1)  provides sex offender treatment or counseling;

1-18                 (2)  is specified by the local juvenile probation

1-19     department supervising the child; and

1-20                 (3)  meets minimum standards of counseling established

1-21     by the local juvenile probation department.

1-22           (b)  This section applies to a child placed on probation for

1-23     conduct constituting an offense:

1-24                 (1)  under Section 21.08, 21.11, 22.011, or 25.02,

 2-1     Penal Code;

 2-2                 (2)  under Section 20.04(a)(4), Penal Code, if the

 2-3     child engaged in the conduct with the intent to violate or abuse

 2-4     the victim sexually; or

 2-5                 (3)  under Section 30.02, Penal Code, punishable under

 2-6     Subsection (d) of that section, if the child engaged in the conduct

 2-7     with the intent to commit a felony listed in Subdivision (1) or (2)

 2-8     of this subsection.

 2-9           (c)  A local juvenile probation department that specifies a

2-10     sex offender treatment provider under Subsection (a) to provide

2-11     counseling to a child shall:

2-12                 (1)  establish with the cooperation of the treatment

2-13     provider the date, time, and place of the first counseling session

2-14     between the child and the treatment provider;

2-15                 (2)  notify the child and the treatment provider, not

2-16     later than the 21st day after the date the order making the

2-17     disposition placing the child on probation under Section 54.04

2-18     becomes final, of the date, time, and place of the first counseling

2-19     session between the child and the treatment provider; and

2-20                 (3)  require the treatment provider to notify the

2-21     department immediately if the child fails to attend any scheduled

2-22     counseling session.

2-23           SECTION 2.  Subchapter F, Chapter 61, Human Resources Code,

2-24     is amended by adding Section 61.0813 to read as follows:

2-25           Sec. 61.0813.  SEX OFFENDER COUNSELING AND TREATMENT.  (a)

2-26     Before releasing a child described by Subsection (b) under

2-27     supervision, the commission shall require as a  condition of

 3-1     release that the child attend psychological counseling sessions for

 3-2     sex offenders.  The counseling must be with an individual or

 3-3     organization that:

 3-4                 (1)  provides sex offender treatment or counseling;

 3-5                 (2)  is specified by the commission; and

 3-6                 (3)  meets minimum standards of counseling established

 3-7     by the commission.

 3-8           (b)  This section applies to a child only if:

 3-9                 (1)  the child has been adjudicated for engaging in

3-10     delinquent conduct constituting an offense:

3-11                       (A)  under Section 21.08, 21.11, 22.011, or

3-12     25.02, Penal Code;

3-13                       (B)  under Section 20.04(a)(4), Penal Code, if

3-14     the child engaged in the conduct with the intent to violate or

3-15     abuse the victim sexually; or

3-16                       (C)  under Section 30.02, Penal Code, punishable

3-17     under Subsection (d) of that section, if the child engaged in the

3-18     conduct with the intent to commit a felony listed in Paragraph (A)

3-19     or (B) of this subdivision; and

3-20                 (2)  the victim of the conduct described by Subdivision

3-21     (1) was a child as defined by Section 22.011(c), Penal Code.

3-22           (c)  In addition to specifying a sex offender treatment

3-23     provider to provide counseling to a child described by Subsection

3-24     (b), the commission shall:

3-25                 (1)  establish with the cooperation of the treatment

3-26     provider the date, time, and place of the first counseling session

3-27     between the child and the treatment provider;

 4-1                 (2)  notify the child and the treatment provider before

 4-2     the release of the child of the date, time, and place of the first

 4-3     counseling session between the child and the treatment provider;

 4-4     and

 4-5                 (3)  require the treatment provider to notify the

 4-6     commission immediately if the child fails to attend any scheduled

 4-7     counseling session.

 4-8           SECTION 3.  Section 29(b), Article 42.18, Code of Criminal

 4-9     Procedure, is amended to read as follows:

4-10           (b)  Before the release of the person on parole, a parole

4-11     panel shall review the person's records and may interview the

4-12     person or any other person the panel deems is necessary to

4-13     determine the conditions of parole.  The panel may impose any

4-14     reasonable condition of parole on the person that the panel may

4-15     impose on an adult prisoner under this article.  For a release

4-16     under this section, the parole panel shall apply the conditions

4-17     required for an adult offender under Sections 8(u)(1) and

4-18     8(u)(3)-(6) if the person eligible for release on parole was

4-19     adjudicated for conduct constituting an offense:

4-20                 (1)  under Section 21.08, 21.11, 22.011, or 25.02,

4-21     Penal Code;

4-22                 (2)  under Section 20.04(a)(4), Penal Code, if the

4-23     child engaged in the conduct with the intent to violate or abuse

4-24     the victim sexually; or

4-25                 (3)  under Section 30.02, Penal Code, punishable under

4-26     Subsection (d) of that section, if the child engaged in the conduct

4-27     with the intent to commit a felony listed in Subdivision (1) or (2)

 5-1     of this subsection.

 5-2           SECTION 4.  Section 493.017, Government Code, as added by

 5-3     Chapter 256, Acts of the 74th Legislature, Regular Session, 1995,

 5-4     is amended by amending Subsection (b) and adding Subsections (c)

 5-5     and (d) to read as follows:

 5-6           (b)  A sex offender correction program that provides

 5-7     counseling sessions for a sex offender under Section 8(u) or 29(b),

 5-8     Article 42.18, Code of Criminal Procedure, shall report to the

 5-9     parole officer supervising the offender, not later than the 15th

5-10     day of each month, the following information about the offender:

5-11                 (1)  the total number of counseling sessions attended

5-12     by the sex offender during the preceding month; and

5-13                 (2)  if during the preceding month the sex offender

5-14     terminates participation in the program before completing

5-15     counseling, the reason for the sex offender's termination of

5-16     counseling or that the reason for the termination of counseling is

5-17     unknown.

5-18           (c)  A sex offender correction program that provides

5-19     counseling sessions for a child under Section 54.0405, Family Code,

5-20     shall report to the local juvenile probation department supervising

5-21     the child, not later than the 15th day of each month, the following

5-22     information about the child:

5-23                 (1)  the total number of counseling sessions attended

5-24     by the child during the preceding month; and

5-25                 (2)  if during the preceding month the child terminates

5-26     participation in the program before completing counseling, the

5-27     reason for the child's termination of counseling or that the reason

 6-1     for the termination of counseling is unknown.

 6-2           (d)  A sex offender correction program that provides

 6-3     counseling sessions for a child who is released under supervision

 6-4     under Section 61.0813, Human Resources Code, shall report to the

 6-5     Texas Youth Commission, not later than the 15th day of each month,

 6-6     the following information about the child:

 6-7                 (1)  the total number of counseling sessions attended

 6-8     by the child during the preceding month; and

 6-9                 (2)  if during the preceding month the child terminates

6-10     participation in the program before completing counseling, the

6-11     reason for the child's termination of counseling or that the reason

6-12     for the termination of counseling is unknown.

6-13           SECTION 5.  A sex offender correction program shall make the

6-14     first monthly report required by Section 493.017, Government Code,

6-15     as added by Chapter 256, Acts of the 74th Legislature, Regular

6-16     Session, 1995, and as amended by this Act, not later than October

6-17     15, 1997.

6-18           SECTION 6.  (a)  The change in law made by this Act applies

6-19     only to conduct that occurs on or after the effective date of this

6-20     Act.  Conduct violating a penal law of the state occurs on or after

6-21     the effective date of this Act if every element of the violation

6-22     occurs on or after that date.

6-23           (b)  Conduct that occurs before the effective date of this

6-24     Act is covered by the law in effect at the time the conduct

6-25     occurred, and the former law is continued in effect for that

6-26     purpose.

6-27           SECTION 7.  This Act takes effect September 1, 1997.

 7-1           SECTION 8.  The importance of this legislation and the

 7-2     crowded condition of the calendars in both houses create an

 7-3     emergency and an imperative public necessity that the

 7-4     constitutional rule requiring bills to be read on three several

 7-5     days in each house be suspended, and this rule is hereby suspended.