By:  Wise                                                         H.B. No. 61 



A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain defendants charged with or 
convicted of sexual offenses against children for release on 
community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 42.12, Code of Criminal Procedure, is 
amended by adding Section 3h to read as follows:
	Sec. 3h.  LIMITATION ON COMMUNITY SUPERVISION FOR CERTAIN 
SEX OFFENDERS. (a)  Regardless of whether the defendant is 
otherwise eligible for release on community supervision under this 
article, a judge may not place on community supervision a defendant 
charged with or convicted of an offense listed in Subsection (b), 
and a jury may not recommend that a judge place on community 
supervision a defendant convicted of an offense listed in 
Subsection (b).
	(b)  This section prohibits the placement on community 
supervision of a defendant who commits an offense under:
		(1)  Section 21.11, 22.011,  22.021, or 25.02, Penal 
Code, if the victim of the offense was younger than 17 years of age 
at the time the offense was committed and suffered serious bodily 
injury or death as a result of the offense;
		(2)  Section 21.11, 22.021, or 25.02, Penal Code, if 
the victim of the offense was younger than 12 years of age at the 
time of the commission of the offense, unless the court determines 
that:
			(A)  the defendant is a parent, stepparent, 
adoptive parent, relative, legal guardian, or member or former 
member of the victim's household;
			(B)  the defendant, if permitted to avoid 
imprisonment, poses no future threat of harm to the victim;
			(C)  the defendant has been accepted in a mental 
health treatment program that provides therapy relevant to the 
defendant's offense; and
			(D)  it is in the best interest of the victim that 
the defendant not be imprisoned; or
		(3)  Section 21.11, 22.011, 22.021, or 25.02, Penal 
Code, if the victim of the offense was younger than 17 years of age 
at the time of the commission of the offense, or Section 
43.05(a)(2), 43.25, or 43.26, Penal Code, and the defendant has 
previously been convicted of:
			(A)  an offense listed in this subdivision; or                        
			(B)  an offense under federal law or the law of 
another state that contains elements that are substantially similar 
to the elements of an offense listed in this subdivision.
	SECTION 2.   (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.   This Act takes effect September 1, 2003.