SRC-JBJ H.B. 223 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 223
By: Wise (Bernsen)
Criminal Justice
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, attorneys representing the state in the
prosecution of a sex offender are not required to provide any written
comments on the circumstances relating to the commission of the offense.
H.B. 223 requires attorneys representing the state in the prosecution of a
sex offender to provide written comments relating to the offense committed
to the Department of Criminal Justice (department) and amends related
provisions regarding the release on parole of certain offenders.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.152, Government Code, by adding Subsection
(f), to require an attorney representing the state in the prosecution of an
inmate serving a sentence for an offense described by Section 508.187(a) to
provide written comments to the Texas Department of Criminal Justice
(department) on the circumstances related to the commission of the offense
and other information determined by the attorney to be relevant to any
subsequent parole decisions regarding the inmate. 

SECTION 2.  Amends Section 508.187, Government Code, by amending Subsection
(b) and adding Subsection (g) and (h), to require a parole panel to
establish a child safety zone applicable to a release if the panel
determines that a child as defined by Section 22.011(c), Penal Code, was
the victim of the offense, by requiring as a condition of parole or
mandatory supervision certain conditions.  Provides that for the purposes
of Subsection (b)(1)(B)(ii), the measurement of the distance between a
residence and a premises described by Subsection (b)(1)(B) is a direct line
from the property line of the residence to the property line of the
premises, and in a direct line across intersections.  Provides that
notwithstanding Subsection (b)(1)(B)(ii), a parole panel requirement that a
releasee not reside in a residence located within 500 feet of premises
where children commonly gather does not apply to a releasee under certain
conditions. 

SECTION 3.  Amends Article 56.11(c), Code of Criminal Procedure, to provide
that this article applies to a person convicted of an offense described by
Section 508.187(a), Government Code, or an offense involving family
violence, stalking, or violation of a protective order or magistrate's
order. 

SECTION 4.  Effective date: September 1, 2001.