By Allen H.B. No. 2145
76R3607 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons subject to sex offender registration
1-3 requirements and to the conditions for supervised release of those
1-4 persons.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11(e), Article 42.12, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (e) A judge granting community supervision to a defendant
1-9 required to register as a sex offender under Chapter 62 shall
1-10 require [the registration] as a condition of community supervision
1-11 that the defendant:
1-12 (1) register as a sex offender under that chapter; and
1-13 (2) submit a blood sample or other specimen to the
1-14 Department of Public Safety under Subchapter G, Chapter 411,
1-15 Government Code, for the purpose of creating a DNA record of the
1-16 defendant.
1-17 SECTION 2. Section 19, Article 42.12, Code of Criminal
1-18 Procedure, is amended by adding Subsection (h) to read as follows:
1-19 (h) If the judge places on community supervision a person
1-20 required to register as a sex offender under Chapter 62, as added
1-21 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-22 1997, the judge shall require as a condition of community
1-23 supervision that the person pay to the person's supervising
1-24 officer, in addition to the fee required by Subsection (g), a fee
2-1 in an amount set under Section 411.145(c), Government Code, to
2-2 cover the cost of obtaining and analyzing a blood sample or other
2-3 specimen submitted under Subchapter G, Chapter 411, Government
2-4 Code. A community supervision and corrections department shall
2-5 remit fees collected under this subsection to the Department of
2-6 Public Safety. In a community supervision revocation hearing at
2-7 which it is alleged only that the person violated the terms of
2-8 community supervision by failing to make a payment under this
2-9 subsection or under Section 22(e)(2) of this article, the inability
2-10 of the person to pay as ordered by the judge is an affirmative
2-11 defense to revocation, which the person must prove by a
2-12 preponderance of the evidence.
2-13 SECTION 3. Section 22, Article 42.12, Code of Criminal
2-14 Procedure, is amended by adding Subsection (e) to read as follows:
2-15 (e) A judge who continues or modifies community supervision
2-16 under this section for a defendant required to register as a sex
2-17 offender under Chapter 62, as added by Chapter 668, Acts of the
2-18 75th Legislature, Regular Session, 1997, shall require as
2-19 additional conditions of community supervision that the defendant:
2-20 (1) submit a blood sample or other specimen to the
2-21 Department of Public Safety under Subchapter G, Chapter 411,
2-22 Government Code, for the purpose of creating a DNA record of the
2-23 defendant; and
2-24 (2) pay to the person's supervising officer a fee in
2-25 an amount set under Section 411.145(c), Government Code, to cover
2-26 the cost of obtaining and analyzing the sample or specimen.
2-27 SECTION 4. Article 62.01(5), Code of Criminal Procedure, is
3-1 amended to read as follows:
3-2 (5) "Reportable conviction or adjudication" means a
3-3 conviction or adjudication, regardless of the pendency of an
3-4 appeal, that is:
3-5 (A) a conviction for a violation of Section
3-6 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021
3-7 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
3-8 Penal Code;
3-9 (B) a conviction for a violation of Section
3-10 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
3-11 child), or 43.26 (Possession or promotion of child pornography),
3-12 Penal Code;
3-13 (C) a conviction for a violation of Section
3-14 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
3-15 committed the offense with intent to violate or abuse the victim
3-16 sexually;
3-17 (D) a conviction for a violation of Section
3-18 30.02 (Burglary), Penal Code, if the offense is punishable under
3-19 Subsection (d) of that section and the defendant committed the
3-20 offense with intent to commit a felony listed in Paragraph (A) or
3-21 (C);
3-22 (E) the second conviction for a violation of
3-23 Section 21.08 (Indecent exposure), Penal Code;
3-24 (F) a conviction for an attempt, conspiracy, or
3-25 solicitation, as defined by Chapter 15, Penal Code, to commit an
3-26 offense listed in Paragraph (A), (B), (C), or (D);
3-27 (G) an adjudication of delinquent conduct based
4-1 on a violation of one of the offenses listed in Paragraph (A), (B),
4-2 (C), (D), or (F) or for which two violations of the offense listed
4-3 in Paragraph (E) are shown;
4-4 (H) a deferred adjudication for an offense
4-5 listed in Paragraph (A), (B), (C), (D), or (F);
4-6 (I) a conviction under the laws of another state
4-7 or the Uniform Code of Military Justice for an offense containing
4-8 elements that are substantially similar to the elements of an
4-9 offense listed under Paragraph (A), (B), (C), (D), or (F); [or]
4-10 (J) an adjudication of delinquent conduct under
4-11 the laws of another state or federal law based on a violation of an
4-12 offense containing elements that are substantially similar to the
4-13 elements of an offense listed under Paragraph (A), (B), (C), (D),
4-14 or (F);
4-15 (K) the second conviction under the laws of
4-16 another state or the Uniform Code of Military Justice for an
4-17 offense containing elements that are substantially similar to the
4-18 elements of the offense of indecent exposure; or
4-19 (L) the second adjudication of delinquent
4-20 conduct under the laws of another state or federal law based on a
4-21 violation of an offense containing elements that are substantially
4-22 similar to the elements of the offense of indecent exposure.
4-23 SECTION 5. Articles 62.03(d) and (f), Code of Criminal
4-24 Procedure, are amended to read as follows:
4-25 (d) If a person who has a reportable conviction [for an
4-26 offense] described by Article 62.01(5)(I) or (K) [(J)] is placed
4-27 under the supervision of the pardons and paroles division of the
5-1 Texas Department of Criminal Justice or a community supervision and
5-2 corrections department under Article 42.11, the division or
5-3 community supervision and corrections department shall conduct the
5-4 prerelease notification and registration requirements specified in
5-5 this article on the date the person is placed under the supervision
5-6 of the division or community supervision and corrections
5-7 department. If a person who has a reportable adjudication of
5-8 delinquent conduct described by Article 62.01(5)(J) or (L) is, as
5-9 permitted by Section 60.002, Family Code, placed under the
5-10 supervision of the Texas Youth Commission, a public or private
5-11 vendor operating under contract with the Texas Youth Commission, or
5-12 a local juvenile probation department, the commission, vendor, or
5-13 probation department shall conduct the prerelease notification and
5-14 registration requirements specified in this article on the date the
5-15 person is placed under the supervision of the commission, vendor,
5-16 or probation department.
5-17 (f) The local law enforcement authority shall include in the
5-18 notice by publication in a newspaper the following information
5-19 only:
5-20 (1) the person's full name, age, and gender;
5-21 (2) a brief description of the offense for which the
5-22 person is subject to registration; [and]
5-23 (3) the municipality, numeric street address or
5-24 physical address, if a numeric street address is not available
5-25 [name], and zip code number where the person intends to reside; and
5-26 (4) a recent photograph of the person, if available.
5-27 SECTION 6. Article 62.04(g), Code of Criminal Procedure, as
6-1 added by Chapter 668, Acts of the 75th Legislature, Regular
6-2 Session, 1997, is amended to read as follows:
6-3 (g) The local law enforcement authority shall include in the
6-4 notice by publication in a newspaper the following information
6-5 only:
6-6 (1) the person's full name, age, and gender;
6-7 (2) a brief description of the offense for which the
6-8 person is subject to registration; [and]
6-9 (3) the municipality, numeric street address or
6-10 physical address, if a numeric street address is not available
6-11 [name], and zip code number where the person intends to reside; and
6-12 (4) a recent photograph of the person, if available.
6-13 SECTION 7. Articles 62.06(a) and (b), Code of Criminal
6-14 Procedure, are amended to read as follows:
6-15 (a) A person subject to registration under this chapter who
6-16 has for a sexually violent offense been convicted [on] two or more
6-17 times, [occasions been convicted of or] received an order of
6-18 deferred adjudication two or more times, or been convicted and
6-19 received an order of deferred adjudication [for a sexually violent
6-20 offense] shall report to the local law enforcement authority with
6-21 whom the person is required to register not less than once in each
6-22 90-day period following the date the person first registered under
6-23 this chapter to verify the information in the registration form
6-24 maintained by the authority for that person. A person subject to
6-25 registration under this chapter who is not subject to the 90-day
6-26 reporting requirement described by this subsection shall report to
6-27 the local law enforcement authority with whom the person is
7-1 required to register once each year not earlier than the 30th day
7-2 before and not later than the 30th day after the anniversary of the
7-3 person's date of birth [on which the person first registered under
7-4 this chapter] to verify the information in the registration form
7-5 maintained by the authority for that person.
7-6 (b) A local law enforcement authority with whom a person is
7-7 required to register under this chapter may direct the person to
7-8 report to the authority to verify the information in the
7-9 registration form maintained by the authority for that person. The
7-10 authority may direct the person to report under this subsection
7-11 once in each 90-day period following the date the person first
7-12 registered under this chapter, if the person is required to report
7-13 not less than once in each 90-day period under Subsection (a) [has
7-14 on two or more occasions been convicted of or received an order of
7-15 deferred adjudication for a sexually violent offense,] or[, if
7-16 not,] once in each year not earlier than the 30th day before and
7-17 not later than the 30th day after the anniversary of the person's
7-18 date of birth, if the person is required to report once each year
7-19 under Subsection (a) [on which the person first registered under
7-20 this chapter]. A local law enforcement authority may not direct a
7-21 person to report to the authority under this subsection if the
7-22 person is required to report under Subsection (a) and is in
7-23 compliance with the reporting requirements of that subsection.
7-24 SECTION 8. Article 62.08(b), Code of Criminal Procedure, is
7-25 amended to read as follows:
7-26 (b) The information contained in the database is public
7-27 information, with the exception of [the person's photograph or] any
8-1 information:
8-2 (1) regarding the person's social security number,
8-3 driver's license number, [numeric street address,] or telephone
8-4 number;
8-5 (2) that is required by the department under Article
8-6 62.02(b)(5); or
8-7 (3) that would identify the victim of the offense for
8-8 which the person is subject to registration.
8-9 SECTION 9. Section 58.007(a), Family Code, is amended to
8-10 read as follows:
8-11 (a) This section applies only to the inspection and
8-12 maintenance of a physical record or file concerning a child and
8-13 does not affect the collection, dissemination, or maintenance of
8-14 information as provided by Subchapter B. This section does not
8-15 apply to a record or file relating to a child that is:
8-16 (1) required or authorized to be maintained under the
8-17 laws regulating the operation of motor vehicles in this state;
8-18 (2) [or to a record or file relating to a child that
8-19 is] maintained by a municipal or justice court; or
8-20 (3) subject to disclosure under Chapter 62, Code of
8-21 Criminal Procedure, as added by Chapter 668, Acts of the 75th
8-22 Legislature, Regular Session, 1997.
8-23 SECTION 10. Section 411.135(a), Government Code, as added by
8-24 Chapter 747, Acts of the 75th Legislature, Regular Session, 1997,
8-25 is amended to read as follows:
8-26 (a) Any person is entitled to obtain from the department:
8-27 (1) any information described as public information
9-1 under Chapter 62, Code of Criminal Procedure, as added by Chapter
9-2 668, Acts of the 75th Legislature, Regular Session, 1997,
9-3 including, to the extent available, a recent photograph of each
9-4 person subject to registration under that chapter [Section 5,
9-5 Article 6252-13c.1, Revised Statutes]; and
9-6 (2) criminal history record information maintained by
9-7 the department that is a court record of a public judicial
9-8 proceeding and that relates to:
9-9 (A) the conviction of a person for any criminal
9-10 offense; or
9-11 (B) a grant of deferred adjudication to a person
9-12 charged with a felony offense.
9-13 SECTION 11. Section 411.145, Government Code, is amended by
9-14 adding Subsection (c) to read as follows:
9-15 (c) The director may set a fee to be collected by the
9-16 supervising officer of a person required to submit a sample or
9-17 other specimen under this subchapter as a condition of community
9-18 supervision, parole, or mandatory supervision. The fee shall be
9-19 set by the director in an amount sufficient to cover the cost of
9-20 obtaining and analyzing the sample or specimen. A community
9-21 supervision and corrections department shall remit fees set under
9-22 this subsection and collected under Article 42.12, Code of Criminal
9-23 Procedure, to the department.
9-24 SECTION 12. Section 411.146(a), Government Code, is amended
9-25 to read as follows:
9-26 (a) The director may not accept a blood sample or other
9-27 specimen taken from a person who is not deceased that is submitted
10-1 voluntarily or as required by Section 411.148, [or] 411.150, or
10-2 411.155 unless the sample or specimen is collected in a medically
10-3 approved manner by:
10-4 (1) a physician, registered nurse, licensed vocational
10-5 nurse, licensed clinical laboratory technologist; or
10-6 (2) another person who is trained to properly collect
10-7 blood samples or other specimens and supervised by a licensed
10-8 physician.
10-9 SECTION 13. Section 411.148(a), Government Code, is amended
10-10 to read as follows:
10-11 (a) An inmate of the institutional division or other penal
10-12 institution shall provide one or more blood samples or other
10-13 specimens taken by or at the request of the institutional division
10-14 for the purpose of creating a DNA record if the inmate is ordered
10-15 by a court to give the sample or specimen or is serving a sentence
10-16 for:
10-17 (1) an offense for which the inmate is required to
10-18 register as a sex offender under Chapter 62, Code of Criminal
10-19 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
10-20 Regular Session, 1997 [under one or more of the following Penal
10-21 Code provisions:]
10-22 [(A) Section 21.11 (indecency with a child);]
10-23 [(B) Section 22.011 (sexual assault);]
10-24 [(C) Section 22.021 (aggravated sexual assault);]
10-25 [(D) Section 20.04(a)(4) (aggravated
10-26 kidnapping), if the defendant committed the offense with intent to
10-27 violate or abuse the victim sexually; or]
11-1 [(E) Section 30.02 (burglary), if the offense is
11-2 punishable under Subsection (d) of that section and the defendant
11-3 committed the offense with intent to commit a felony listed in
11-4 Paragraph (A), (B), (C), or (D) of this subdivision]; or
11-5 (2) any offense if the inmate has previously been
11-6 convicted of an offense for which the inmate is required to
11-7 register as a sex offender under Chapter 62, Code of Criminal
11-8 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
11-9 Regular Session, 1997[:]
11-10 [(A) an offense described in Subsection (a)(1);
11-11 or]
11-12 [(B) an offense under federal law or laws of
11-13 another state that involves the same conduct as an offense
11-14 described by Subsection (a)(1)].
11-15 SECTION 14. Section 411.150(a), Government Code, is amended
11-16 to read as follows:
11-17 (a) A juvenile who is committed to the Texas Youth
11-18 Commission shall provide one or more blood samples or other
11-19 specimens taken by or at the request of the commission for the
11-20 purpose of creating a DNA record if the juvenile is ordered by a
11-21 juvenile court to give the sample or specimen or is committed to
11-22 the commission for an adjudication as having engaged in delinquent
11-23 conduct that violates:
11-24 (1) an offense for which the juvenile is required to
11-25 register as a sex offender under Chapter 62, Code of Criminal
11-26 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
11-27 Regular Session, 1997 [one or more of the following Penal Code
12-1 provisions:]
12-2 [(A) Section 21.11 (indecency with a child);]
12-3 [(B) Section 22.011 (sexual assault);]
12-4 [(C) Section 22.021 (aggravated sexual assault);]
12-5 [(D) Section 20.04(a)(4) (aggravated
12-6 kidnapping), if the defendant committed the offense with the intent
12-7 to violate or abuse the victim sexually; or]
12-8 [(E) Section 30.02 (burglary), if the offense is
12-9 punishable under Subsection (d) and the defendant committed the
12-10 offense with the intent to commit a felony listed in Paragraph (A),
12-11 (B), (C), or (D) of this subdivision]; or
12-12 (2) any offense [a penal law] if the juvenile has
12-13 previously been adjudicated as having engaged in delinquent conduct
12-14 that violates an offense for which the juvenile is required to
12-15 register as a sex offender under Chapter 62, Code of Criminal
12-16 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
12-17 Regular Session, 1997[:]
12-18 [(A) a violation of a penal law described in
12-19 Subsection (a)(1); or]
12-20 [(B) a violation of a penal law under federal
12-21 law or the laws of another state that involves the same conduct as
12-22 a violation of a penal law described by Subsection (a)(1)].
12-23 SECTION 15. Subchapter G, Chapter 411, Government Code, is
12-24 amended by adding Section 411.155 to read as follows:
12-25 Sec. 411.155. DNA RECORDS OF CERTAIN PERSONS SUBJECT TO
12-26 SUPERVISION. The commission, in cooperation with the Texas
12-27 Department of Criminal Justice, shall adopt rules regarding the
13-1 collection, preservation, and shipment of a blood sample or other
13-2 specimen of a person who is required to submit the sample or
13-3 specimen as a condition of release on community supervision,
13-4 parole, or mandatory supervision.
13-5 SECTION 16. Sections 508.186(a) and (b), Government Code,
13-6 are amended to read as follows:
13-7 (a) A parole panel shall require as a condition of parole or
13-8 mandatory supervision that a releasee required to register as a sex
13-9 offender under Chapter 62, Code of Criminal Procedure:
13-10 (1) register under that chapter; [and]
13-11 (2) submit a blood sample or other specimen to the
13-12 Department of Public Safety under Subchapter G, Chapter 411, for
13-13 the purpose of creating a DNA record of the releasee; and
13-14 (3) pay to the releasee's supervising officer:
13-15 (A) an amount equal to the cost, as evidenced by
13-16 written receipt, incurred by the applicable local law enforcement
13-17 authority for providing notice for publication to a newspaper as
13-18 required by that chapter; and
13-19 (B) an additional amount set under Section
13-20 411.145(c) to cover the cost of obtaining and analyzing a blood
13-21 sample or other specimen under Subchapter G, Chapter 411.
13-22 (b) The division shall remit an amount collected under
13-23 Subsection (a)(3)(A) [this section] to the applicable local law
13-24 enforcement authority and an amount collected under Subsection
13-25 (a)(3)(B) to the Department of Public Safety.
13-26 SECTION 17. Section 508.283, Government Code, is amended by
13-27 adding Subsection (e) to read as follows:
14-1 (e) If the parole or mandatory supervision of a person
14-2 required to register as a sex offender under Chapter 62, Code of
14-3 Criminal Procedure, as added by Chapter 668, Acts of the 75th
14-4 Legislature, Regular Session, 1997, is continued or modified, the
14-5 parole panel shall require as additional conditions of release on
14-6 parole or to mandatory supervision that the person:
14-7 (1) submit a blood sample or other specimen to the
14-8 Department of Public Safety under Subchapter G, Chapter 411, for
14-9 the purpose of creating a DNA record of the person, unless the
14-10 Department of Public Safety previously created a record of the
14-11 person; and
14-12 (2) pay to the person's supervising officer a fee in
14-13 an amount set under Section 411.145(c) to cover the cost of
14-14 obtaining and analyzing the sample or specimen.
14-15 SECTION 18. Section 11(a), Chapter 668, Acts of the 75th
14-16 Legislature, Regular Session, 1997, is amended to read as follows:
14-17 (a) The change in law made by this Act to Article 62.11,
14-18 Code of Criminal Procedure, as redesignated and amended by this Act
14-19 (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised
14-20 Statutes), applies only to a defendant who, with respect to an
14-21 offense listed in Subdivision (5), Article 62.01, Code of Criminal
14-22 Procedure, as redesignated and amended by this Act (formerly
14-23 Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes),
14-24 on or after September 1, 1997 [the effective date of this Act]:
14-25 (1) is confined in a penal institution, as that term
14-26 is defined by Subdivision (3), Article 62.01, Code of Criminal
14-27 Procedure, as redesignated and amended by this Act (formerly
15-1 Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes);
15-2 or
15-3 (2) is under the supervision and control of a juvenile
15-4 probation office or an agency or entity operating under contract
15-5 with a juvenile probation office, the Texas Youth Commission, a
15-6 community supervision and corrections department, or the pardons
15-7 and paroles division of the Texas Department of Criminal Justice.
15-8 SECTION 19. Section 62.12(c), Code of Criminal Procedure, is
15-9 repealed.
15-10 SECTION 20. (a) In accordance with Section 311.031(c),
15-11 Government Code, which gives effect to a substantive amendment
15-12 enacted by the same legislature that codifies the amended statute,
15-13 the text of Section 508.186(a), Government Code, as set out in this
15-14 Act, gives effect to changes made by Section 6, Chapter 668, Acts
15-15 of the 75th Legislature, Regular Session, 1997.
15-16 (b) To the extent of any conflict, this Act prevails over
15-17 another Act of the 76th Legislature, Regular Session, 1999,
15-18 relating to nonsubstantive additions and corrections in enacted
15-19 codes.
15-20 SECTION 21. The Public Safety Commission, in cooperation
15-21 with the Texas Department of Criminal Justice, shall adopt the
15-22 rules required by Section 411.155, Government Code, as added by
15-23 this Act, not later than January 1, 2000.
15-24 SECTION 22. (a) The change in law made by this Act to
15-25 Sections 11(e) and 19, Article 42.12, Code of Criminal Procedure,
15-26 applies only to a defendant who is placed on community supervision
15-27 on or after January 1, 2000, regardless of when the offense for
16-1 which the defendant is placed on community supervision is
16-2 committed.
16-3 (b) The change in law made by this Act to Section 22,
16-4 Article 42.12, Code of Criminal Procedure, applies only to a
16-5 defendant whose placement on community supervision is continued or
16-6 modified on or after January 1, 2000, regardless of when the
16-7 offense for which the defendant was placed on community supervision
16-8 was committed.
16-9 SECTION 23. The changes in law made by this Act to Section
16-10 62.01(5) and Section 62.03(d), Code of Criminal Procedure, apply to
16-11 juvenile offenders adjudicated as having engaged in delinquent
16-12 conduct before, on, or after the effective date of this Act,
16-13 regardless of when the conduct occurred.
16-14 SECTION 24. The change in law made by this Act to Sections
16-15 62.06(a) and (b), Code of Criminal Procedure, relating to persons
16-16 required to report to local law enforcement not less than once in
16-17 each 90-day period, applies only to a defendant who, on or after
16-18 the effective date of this Act:
16-19 (1) is confined in a penal institution, as that term
16-20 is defined by Article 62.01(3), Code of Criminal Procedure; or
16-21 (2) is under the supervision and control of a juvenile
16-22 probation office or an agency or entity operating under contract
16-23 with a juvenile probation office, the Texas Youth Commission, a
16-24 community supervision and corrections department, or the pardons
16-25 and paroles division of the Texas Department of Criminal Justice.
16-26 SECTION 25. (a) To accomplish the change in law made by
16-27 this Act to Sections 62.06(a) and (b), Code of Criminal Procedure,
17-1 relating to persons required to report to local law enforcement
17-2 once in each year, the local law enforcement authority with whom a
17-3 person verifies registration by reporting to the authority not
17-4 earlier than the 30th day before and not later than the 30th day
17-5 after the anniversary of the date on which the person first
17-6 registered with the authority shall inform the person that the next
17-7 occasion and each succeeding occasion on which the person verifies
17-8 registration, the person must comply with Sections 62.06(a) and
17-9 (b), Code of Criminal Procedure, as amended by this Act.
17-10 (b) The change in law to which this section applies does not
17-11 affect the validity of any action taken by a person to verify
17-12 registration before the person is provided an opportunity to be
17-13 informed of the change in law made by this Act as required by this
17-14 section.
17-15 SECTION 26. The change in law made by this Act to Section
17-16 58.007, Family Code, applies only to records and files created or
17-17 maintained under Chapter 62, Code of Criminal Procedure, as added
17-18 by Chapter 668, Acts of the 75th Legislature, Regular Session,
17-19 1997, on or after September 1, 1995.
17-20 SECTION 27. The change in law made by this Act to Sections
17-21 411.148(a) and 411.150(a), Government Code, applies only to a
17-22 defendant who, with respect to an offense listed in Article
17-23 62.01(5), Code of Criminal Procedure, on or after January 1, 2000:
17-24 (1) is confined in a penal institution, as that term
17-25 is defined by Article 62.01(3), Code of Criminal Procedure; or
17-26 (2) is under the supervision and control of a juvenile
17-27 probation office or an agency or entity operating under contract
18-1 with a juvenile probation office, the Texas Youth Commission, a
18-2 community supervision and corrections department, or the pardons
18-3 and paroles division of the Texas Department of Criminal Justice.
18-4 SECTION 28. (a) The change in law made by this Act to
18-5 Section 508.186, Government Code, applies only to an inmate who is
18-6 released on parole or to mandatory supervision on or after January
18-7 1, 2000, regardless of when the offense with respect to which the
18-8 person is released was committed.
18-9 (b) The change in law made by this Act to Section 508.283,
18-10 Government Code, applies only to an inmate whose release on parole
18-11 or to mandatory supervision is continued or modified on or after
18-12 January 1, 2000, regardless of when the offense with respect to
18-13 which the inmate was released was committed.
18-14 SECTION 29. This Act takes effect September 1, 1999.
18-15 SECTION 30. The importance of this legislation and the
18-16 crowded condition of the calendars in both houses create an
18-17 emergency and an imperative public necessity that the
18-18 constitutional rule requiring bills to be read on three several
18-19 days in each house be suspended, and this rule is hereby suspended.