1-1     By:  Shapiro                                          S.B. No. 1232

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 30, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 30, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1232                 By:  Shapiro

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to conditions for probation and release under supervision

1-11     for a child adjudicated for engaging in certain delinquent conduct

1-12     and to certain instruction and treatment for the parent or guardian

1-13     of the child.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Chapter 54, Family Code, is amended by adding

1-16     Section 54.0405 to read as follows:

1-17           Sec. 54.0405.  CHILD PLACED ON PROBATION FOR CONDUCT

1-18     CONSTITUTING SEXUAL OFFENSE.  (a)  If a court or jury makes a

1-19     disposition under Section 54.04 in which a child described by

1-20     Subsection (b) is placed on probation and the court determines that

1-21     the victim of the offense was a child as defined by Section

1-22     22.011(c), Penal Code, the court may require as a condition of

1-23     probation that the child:

1-24                 (1)  attend psychological counseling sessions for sex

1-25     offenders as provided by Subsection (e); and

1-26                 (2)  submit to a polygraph examination as provided by

1-27     Subsection (f) for purposes of evaluating the child's treatment

1-28     progress.

1-29           (b)  This section applies to a child placed on probation for

1-30     conduct constituting an offense:

1-31                 (1)  under Section 21.08, 21.11, 22.011, 22.021, or

1-32     25.02, Penal Code;

1-33                 (2)  under Section 20.04(a)(4), Penal Code, if the

1-34     child engaged in the conduct with the intent to violate or abuse

1-35     the victim sexually; or

1-36                 (3)  under Section 30.02, Penal Code, punishable under

1-37     Subsection (d) of that section, if the child engaged in the conduct

1-38     with the intent to commit a felony listed in Subdivision (1) or (2)

1-39     of this subsection.

1-40           (c)  Psychological counseling required as a condition of

1-41     probation under Subsection (a) must be with an individual or

1-42     organization that:

1-43                 (1)  provides sex offender treatment or counseling;

1-44                 (2)  is specified by the local juvenile probation

1-45     department supervising the child; and

1-46                 (3)  meets minimum standards of counseling established

1-47     by the local juvenile probation department.

1-48           (d)  A polygraph examination required as a condition of

1-49     probation under Subsection (a) must be administered by an

1-50     individual who is:

1-51                 (1)  specified by the local juvenile probation

1-52     department supervising the child; and

1-53                 (2)  licensed as a polygraph examiner under the

1-54     Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil

1-55     Statutes).

1-56           (e)  A local juvenile probation department that specifies a

1-57     sex offender treatment provider under Subsection (c) to provide

1-58     counseling to a child shall:

1-59                 (1)  establish with the cooperation of the treatment

1-60     provider the date, time, and place of the first counseling session

1-61     between the child and the treatment provider;

1-62                 (2)  notify the child and the treatment provider, not

1-63     later than the 21st day after the date the order making the

1-64     disposition placing the child on probation under Section 54.04

 2-1     becomes final, of the date, time, and place of the first counseling

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

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

 2-4     department immediately if the child fails to attend any scheduled

 2-5     counseling session.

 2-6           (f)  A local juvenile probation department that specifies a

 2-7     polygraph examiner under Subsection (d) to administer a polygraph

 2-8     examination to a child shall arrange for a polygraph examination to

 2-9     be administered to the child:

2-10                 (1)  not later than the 60th day after the date the

2-11     child attends the first counseling session established under

2-12     Subsection (e); and

2-13                 (2)  after the initial polygraph examination, as

2-14     required by Subdivision (1), on the request of the treatment

2-15     provider specified under Subsection (c).

2-16           (g)  A court that requires as a condition of probation that a

2-17     child attend psychological counseling under Subsection (a) may

2-18     order the parent or guardian of the child to:

2-19                 (1)  attend four sessions of instruction with an

2-20     individual or organization specified by the court relating to:

2-21                       (A)  sexual offenses;

2-22                       (B)  family communication skills;

2-23                       (C)  sex offender treatment;

2-24                       (D)  victims' rights;

2-25                       (E)  parental supervision; and

2-26                       (F)  appropriate sexual behavior; and

2-27                 (2)  during the period the child attends psychological

2-28     counseling, participate in monthly treatment groups conducted by

2-29     the child's treatment provider relating to the child's

2-30     psychological counseling.

2-31           (h)  A court that orders a parent or guardian of a child to

2-32     attend instructional sessions and participate in treatment groups

2-33     under Subsection (g) shall require:

2-34                 (1)  the individual or organization specified by the

2-35     court under Subsection (g) to notify the court immediately if the

2-36     parent or guardian fails to attend any scheduled instructional

2-37     session; and

2-38                 (2)  the child's treatment provider specified under

2-39     Subsection (c) to notify the court immediately if the parent or

2-40     guardian fails to attend a session in which the parent or guardian

2-41     is required to participate in a scheduled treatment group.

2-42           (i)  A court that requires as a condition of probation that a

2-43     child attend psychological counseling under Subsection (a) may,

2-44     before the date the probation period ends, extend the probation for

2-45     any additional period necessary to complete the required counseling

2-46     as determined by the treatment provider, except that the probation

2-47     may not be extended to a date after the date of the child's 18th

2-48     birthday.

2-49           SECTION 2.  Section 54.04, Family Code, is amended by adding

2-50     Subsection (p) to read as follows:

2-51           (p)  Except as provided by Subsection (l), a court that

2-52     places a child on probation under Subsection (d)(1) for conduct

2-53     described by Section 54.0405(b) and punishable as a felony shall

2-54     specify a minimum probation period of two years.

2-55           SECTION 3.  Subchapter F, Chapter 61, Human Resources Code,

2-56     is amended by adding Section 61.0813 to read as follows:

2-57           Sec. 61.0813.  SEX OFFENDER COUNSELING AND TREATMENT.

2-58     (a)  Before releasing a child described by Subsection (b) under

2-59     supervision, the commission may require as a condition of release

2-60     that the child:

2-61                 (1)  attend psychological counseling sessions for sex

2-62     offenders as provided by Subsection (e); and

2-63                 (2)  submit to a polygraph examination as provided by

2-64     Subsection (f) for purposes of evaluating the child's treatment

2-65     progress.

2-66           (b)  This section applies to a child only if:

2-67                 (1)  the child has been adjudicated for engaging in

2-68     delinquent conduct constituting an offense:

2-69                       (A)  under Section 21.08, 21.11, 22.011, 22.021,

 3-1     or 25.02, Penal Code;

 3-2                       (B)  under Section 20.04(a)(4), Penal Code, if

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

 3-4     abuse the victim sexually; or

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

 3-6     under Subsection (d) of that section, if the child engaged in the

 3-7     conduct with the intent to commit a felony listed in Paragraph (A)

 3-8     or (B) of this subdivision; and

 3-9                 (2)  the victim of the conduct described by Subdivision

3-10     (1) was a child as defined by Section 22.011(c), Penal Code.

3-11           (c)  Psychological counseling required as a condition of

3-12     release under Subsection (a) must be with an individual or

3-13     organization that:

3-14                 (1)  provides sex offender treatment or counseling;

3-15                 (2)  is specified by the commission; and

3-16                 (3)  meets minimum standards of counseling established

3-17     by the commission.

3-18           (d)  A polygraph examination required as a condition of

3-19     release under Subsection (a) must be administered by an individual

3-20     who is:

3-21                 (1)  specified by the commission; and

3-22                 (2)  licensed as a polygraph examiner under the

3-23     Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil

3-24     Statutes).

3-25           (e)  In addition to specifying a sex offender treatment

3-26     provider to provide counseling to a child described by Subsection

3-27     (b), the commission shall:

3-28                 (1)  establish with the cooperation of the treatment

3-29     provider the date, time, and place of the first counseling session

3-30     between the child and the treatment provider;

3-31                 (2)  notify the child and the treatment provider before

3-32     the release of the child of the date, time, and place of the first

3-33     counseling session between the child and the treatment provider;

3-34     and

3-35                 (3)  require the treatment provider to notify the

3-36     commission immediately if the child fails to attend any scheduled

3-37     counseling session.

3-38           (f)  If the commission specifies a polygraph examiner under

3-39     Subsection (d) to administer a polygraph examination to a child,

3-40     the commission shall arrange for a polygraph examination to be

3-41     administered to the child:

3-42                 (1)  not later than the 60th day after the date the

3-43     child attends the first counseling session established under

3-44     Subsection (e); and

3-45                 (2)  after the initial polygraph examination, as

3-46     required by Subdivision (1), on the request of the treatment

3-47     provider specified under Subsection (c).

3-48           (g)  If the commission requires as a condition of release

3-49     that a child attend psychological counseling under Subsection (a),

3-50     the commission shall notify the court that committed the child to

3-51     the commission.  After receiving notification from the commission

3-52     under this subsection, the court may order the parent or guardian

3-53     of the child to:

3-54                 (1)  attend four sessions of instruction with an

3-55     individual or organization specified by the commission relating to:

3-56                       (A)  sexual offenses;

3-57                       (B)  family communication skills;

3-58                       (C)  sex offender treatment;

3-59                       (D)  victims' rights;

3-60                       (E)  parental supervision; and

3-61                       (F)  appropriate sexual behavior; and

3-62                 (2)  during the time the child attends psychological

3-63     counseling, participate in monthly treatment groups conducted by

3-64     the child's treatment provider relating to the child's

3-65     psychological counseling.

3-66           (h)  A court that orders a parent or guardian of a child to

3-67     attend instructional sessions and participate in treatment groups

3-68     under Subsection (g) shall require:

3-69                 (1)  the individual or organization specified by the

 4-1     commission under Subsection (g) to notify the court immediately if

 4-2     the parent or guardian fails to attend any scheduled instructional

 4-3     session; and

 4-4                 (2)  the child's treatment provider specified under

 4-5     Subsection (c) to notify the court immediately if the parent or

 4-6     guardian fails to attend a session in which the parent or guardian

 4-7     is required to participate in a scheduled treatment group.

 4-8           (i)  If the commission requires as a condition of release

 4-9     that a child attend psychological counseling under Subsection (a),

4-10     the commission may, before the date the period of release ends,

4-11     petition the appropriate court to request the court to extend the

4-12     period of release for an additional period necessary to complete

4-13     the required counseling as determined by the treatment provider,

4-14     except that the release period may not be extended to a date after

4-15     the date of the child's 18th birthday.

4-16           SECTION 4.  Section 493.017, Government Code, as added by

4-17     Chapter 256, Acts of the 74th Legislature, Regular Session, 1995,

4-18     is amended by adding Subsections (c) and (d) to read as follows:

4-19           (c)  A sex offender correction program that provides

4-20     counseling sessions for a child under Section 54.0405, Family Code,

4-21     shall report to the local juvenile probation department supervising

4-22     the child, not later than the 15th day of each month, the following

4-23     information about the child:

4-24                 (1)  the total number of counseling sessions attended

4-25     by the child during the preceding month; and

4-26                 (2)  if during the preceding month the child terminates

4-27     participation in the program before completing counseling, the

4-28     reason for the child's termination of counseling or that the reason

4-29     for the termination of counseling is unknown.

4-30           (d)  A sex offender correction program that provides

4-31     counseling sessions for a child who is released under supervision

4-32     under Section 61.0813, Human Resources Code, shall report to the

4-33     Texas Youth Commission, not later than the 15th day of each month,

4-34     the following information about the child:

4-35                 (1)  the total number of counseling sessions attended

4-36     by the child during the preceding month; and

4-37                 (2)  if during the preceding month the child terminates

4-38     participation in the program before completing counseling, the

4-39     reason for the child's termination of counseling or that the reason

4-40     for the termination of counseling is unknown.

4-41           SECTION 5.  A sex offender correction program shall make the

4-42     first monthly report required by Section 493.017, Government Code,

4-43     as added by Chapter 256, Acts of the 74th Legislature, 1995, and as

4-44     amended by this Act, not later than October 15, 1997.

4-45           SECTION 6.  (a)  The change in law made by this Act applies

4-46     only to conduct that occurs on or after the effective date of this

4-47     Act.  Conduct violating a penal law of the state occurs on or after

4-48     the effective date of this Act if every element of the violation

4-49     occurs on or after that date.

4-50           (b)  Conduct that occurs before the effective date of this

4-51     Act is covered by the law in effect at the time the conduct

4-52     occurred, and the former law is continued in effect for that

4-53     purpose.

4-54           SECTION 7.  This Act takes effect September 1, 1997.

4-55           SECTION 8.  The importance of this legislation and the

4-56     crowded condition of the calendars in both houses create an

4-57     emergency and an imperative public necessity that the

4-58     constitutional rule requiring bills to be read on three several

4-59     days in each house be suspended, and this rule is hereby suspended.

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