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.