By Turner of Coleman H.B. No. 3347 76R7329 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for certain repeat sex offenders. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-5 by adding Section 12.422 to read as follows: 1-6 Sec. 12.422. REPEAT SEX OFFENDERS. (a) This section does 1-7 not apply to a defendant for whom punishment may otherwise be 1-8 enhanced under Section 12.42. 1-9 (b) If it is shown on the trial of a felony for which 1-10 registration on conviction is required under Chapter 62, Code of 1-11 Criminal Procedure, as added by Chapter 668, Acts of the 75th 1-12 Legislature, Regular Session, 1997, that the defendant has 1-13 previously been convicted of a misdemeanor for which registration 1-14 is required on conviction under that chapter, the defendant shall 1-15 be punished for: 1-16 (1) a felony of the third degree, if the offense for 1-17 which the defendant is being tried is a state jail felony; 1-18 (2) a felony of the second degree, if the offense for 1-19 which the defendant is being tried is a felony of the third degree; 1-20 or 1-21 (3) a felony of the first degree, if the offense for 1-22 which the defendant is being tried is a felony of the second degree 1-23 or a felony of the first degree. 1-24 (c) If it is shown on the trial of a misdemeanor for which 2-1 registration on conviction is required under Chapter 62, Code of 2-2 Criminal Procedure, as added by Chapter 668, Acts of the 75th 2-3 Legislature, Regular Session, 1997, that the defendant has 2-4 previously been convicted on more than one occasion of a 2-5 misdemeanor for which registration is required on conviction under 2-6 that chapter, the defendant shall be punished for a state jail 2-7 felony. 2-8 SECTION 2. Section 5, Article 42.12, Code of Criminal 2-9 Procedure, is amended by adding Subsection (e) to read as follows: 2-10 (e) In addition to any requirements imposed on a judge or 2-11 defendant by Subsection (a) of this section, a judge may place on 2-12 community supervision under this section a defendant charged with 2-13 an offense for which registration on conviction is required under 2-14 Chapter 62 of this code, as added by Chapter 668, Acts of the 75th 2-15 Legislature, Regular Session, 1997, only if the judge requires the 2-16 defendant to attend and successfully complete a sex offender 2-17 rehabilitation program approved by the Texas Department of Criminal 2-18 Justice and the Council on Sex Offender Treatment. 2-19 SECTION 3. Chapter 509, Government Code, is amended by 2-20 adding Section 509.013 to read as follows: 2-21 Sec. 509.013. SEX OFFENDER REHABILITATION PROGRAM. The 2-22 department, in cooperation with the Council on Sex Offender 2-23 Treatment, shall adopt policies to approve sex offender treatment 2-24 programs for defendants required to participate in a program under 2-25 Section 5(e), Article 42.12, Code of Criminal Procedure. In 2-26 adopting policies, the department and the council shall consider 2-27 program effectiveness and the level of safety provided the general 3-1 public by the program. 3-2 SECTION 4. The Texas Department of Criminal Justice and the 3-3 Council on Sex Offender Treatment shall adopt policies as required 3-4 by Section 509.013, Government Code, as added by this Act, not 3-5 later than December 1, 1999. 3-6 SECTION 5. (a) Section 12.422, Penal Code, as added by this 3-7 Act, applies only to a defendant convicted of an offense committed 3-8 on or after the effective date of this Act. For purposes of this 3-9 section, an offense is committed before the effective date of this 3-10 Act if any element of the offense occurs before the effective date. 3-11 (b) A defendant convicted of an offense committed before the 3-12 effective date of this Act is covered by the law in effect when the 3-13 offense was committed, and the former law is continued in effect 3-14 for that purpose. 3-15 SECTION 6. Section 5(e), Article 42.12, Code of Criminal 3-16 Procedure, as added by this Act, applies to a defendant placed on 3-17 community supervision under Section 5(e) on or after January 1, 3-18 2000, regardless of whether the offense for which the defendant is 3-19 placed on community supervision was committed before, on, or after 3-20 that date. 3-21 SECTION 7. This Act takes effect September 1, 1999. 3-22 SECTION 8. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended.