SRC-LBB S.B. 1054 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1054
78R6538 KEL-DBy: Shapleigh
Criminal Justice
4/14/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Code of Criminal Procedure does not specify the use
of evaluative and rehabilitative treatment procedures for adult sex
offenders.  The current scheme does not specify the use of such standards
and methodology in conjunction with the conditions of an offender's
probation.  As proposed, S.B. 1054 requires a judge to direct a
supervision officer to evaluate the appropriateness of, and a course of
conduct necessary for, treatment, specialized supervision, or
rehabilitation of a defendant who is a sex offender.  This bill also
requires a judge who grants community supervision to a defendant to
require the defendant to attend offense-specific sexual offender
treatment, specialized supervision, rehabilitation programs, or other
standards and practices specifically adopted by the Texas Council on Sex
Offender Treatment.  S.B. 1054 requires the judge to require the defendant
to pay all or part of the costs of the treatment, supervision, or
rehabilitation. 

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 Article 42.12, Code of Criminal Procedure, by adding
Section 9A, as follows: 
  
Sec. 9A.  SEX OFFENDERS:  PRESENTENCE INVESTIGATION AND
POSTSENTENCE TREATMENT AND SUPERVISION.   

  (a)  Defines "council" and  "sex offender."

(b)  Authorizes a supervision officer to release to certain individuals
information in a presentence or postsentence report concerning the social
and criminal history of a defendant who is a sex offender. 
  
(c) Requires the judge to direct a supervision officer approved by the
community supervision and corrections department or the judge or a person,
program, or other agency approved by the Council on Sex Offender Treatment
(council) to evaluate the appropriateness of, and a course of conduct
necessary for, treatment, specialized supervision, or rehabilitation of
the defendant and to report the results of the evaluation to the judge, if
the defendant is a sex offender.  Authorizes the judge to require the
evaluation to use offense-specific standards of practice adopted by the
council and to require the report to reflect those standards. Requires the
evaluation to be made after conviction and before the entry of a final
judgment or, if requested by the defendant, after arrest and before
conviction. 

SECTION 2.  Amends Section 11, Article 42.12, Code of Criminal Procedure,
by adding Subsection (i),  as follows: 

(i)  Authorizes a judge who grants community supervision to a sex offender
evaluated under Section 9A to require the sex offender as a condition of
community supervision to  submit to treatment, specialized supervision, or
rehabilitation according to offensespecific standards of practice adopted
by the council.  Requires the judge, on a finding that the defendant is
financially able to make payment, to require the defendant to pay all or
part of the reasonable and necessary costs of the treatment, supervision,
or rehabilitation. 

SECTION 3.  Amends the heading to Section 14, Article 42.12, Code of
Criminal Procedure, as amended by Chapter 165, Acts of the 73rd
Legislature, Regular Session, 1993, and Chapter 910, Acts of the 76th
Legislature, Regular Session, 1999, to read as follows:  

Sec. 14.  CHILD ABUSERS AND FAMILY VIOLENCE OFFENDERS;  SPECIAL CONDITIONS.

SECTION 4.  Repealer:  Sections 9(l) and (m) (Presentence Investigations),
Article 42.12 (Community Supervision), Code of Criminal Procedure. 

SECTION 5.  Repealer:   Section 14(b) (Child Abusers, Sex Offenders, and
Family Violence Offenders;  Special Conditions) Article 42.12, Code of
Criminal Procedure, as amended by Chapter 165, Acts of the 73rd
Legislature, Regular Session, 1993, and Chapter 910, Acts of the 76th
Legislature, Regular Session, 1999. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date:  September 1, 2003.