By Wise H.B. No. 146 77R1901 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the eligibility of certain defendants charged with or 1-3 convicted of sexual offenses against children for release on 1-4 community supervision. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 42.12, Code of Criminal Procedure, is 1-7 amended by adding Section 3h to read as follows: 1-8 Sec. 3h. LIMITATION ON COMMUNITY SUPERVISION FOR CERTAIN SEX 1-9 OFFENDERS. (a) Regardless of whether the defendant is otherwise 1-10 eligible for release on community supervision under this article, 1-11 a judge may not place on community supervision a defendant charged 1-12 with or convicted of an offense listed in Subsection (b), and a 1-13 jury may not recommend that a judge place on community supervision 1-14 a defendant convicted of an offense listed in Subsection (b). 1-15 (b) This section prohibits the placement on community 1-16 supervision of a defendant who commits an offense under: 1-17 (1) Section 21.11, 22.011, 22.021, or 25.02, Penal 1-18 Code, if the victim of the offense was younger than 17 years of age 1-19 at the time the offense was committed and suffered serious bodily 1-20 injury or death as a result of the offense; 1-21 (2) Section 21.11, 22.021, or 25.02, Penal Code, if 1-22 the victim of the offense was younger than 12 years of age at the 1-23 time of the commission of the offense, unless the court determines 1-24 that: 2-1 (A) the defendant is a parent, stepparent, 2-2 adoptive parent, relative, legal guardian, or member or former 2-3 member of the victim's household; 2-4 (B) the defendant, if permitted to avoid 2-5 imprisonment, poses no future threat of harm to the victim; 2-6 (C) the defendant has been accepted in a mental 2-7 health treatment program that provides therapy relevant to the 2-8 defendant's offense; and 2-9 (D) it is in the best interest of the victim 2-10 that the defendant not be imprisoned; or 2-11 (3) Section 21.11, 22.011, 22.021, or 25.02, Penal 2-12 Code, if the victim of the offense was younger than 17 years of age 2-13 at the time of the commission of the offense, or Section 2-14 43.05(a)(2), 43.25, or 43.26, Penal Code, and the defendant has 2-15 previously been convicted of: 2-16 (A) an offense listed in this subdivision; or 2-17 (B) an offense under federal law or the law of 2-18 another state that contains elements that are substantially similar 2-19 to the elements of an offense listed in this subdivision. 2-20 SECTION 2. (a) The change in law made by this Act applies 2-21 only to an offense committed on or after the effective date of this 2-22 Act. For purposes of this section, an offense is committed before 2-23 the effective date of this Act if any element of the offense occurs 2-24 before the effective date. 2-25 (b) An offense committed before the effective date of this 2-26 Act is covered by the law in effect when the offense was committed, 2-27 and the former law is continued in effect for that purpose. 3-1 SECTION 3. This Act takes effect September 1, 2001.