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.