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.