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S.B. No. 1054
AN ACT
relating to presentence investigation and postsentence treatment
and supervision of certain sex offenders.
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 9A to read as follows:
Sec. 9A. SEX OFFENDERS: PRESENTENCE INVESTIGATION AND
POSTSENTENCE TREATMENT AND SUPERVISION. (a) In this section:
(1) "Council" means the Council on Sex Offender
Treatment.
(2) "Sex offender" means a person who has been
convicted or has entered a plea of guilty or nolo contendere for an
offense under any one of the following provisions of the Penal Code:
(A) Section 20.04(a)(4) (Aggravated Kidnapping),
if the person committed the offense with the intent to violate or
abuse the victim sexually;
(B) Section 21.08 (Indecent Exposure);
(C) Section 21.11 (Indecency with a Child);
(D) Section 22.011 (Sexual Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
(F) Section 25.02 (Prohibited Sexual Conduct);
(G) Section 30.02 (Burglary), if:
(i) the offense is punishable under
Subsection (d) of that section; and
(ii) the person committed the offense with
the intent to commit a felony listed in this subsection;
(H) Section 43.25 (Sexual Performance by a
Child); or
(I) Section 43.26 (Possession or Promotion of
Child Pornography).
(b) If the defendant is a sex offender, a supervision
officer may release information in a presentence or postsentence
report concerning the social and criminal history of the defendant
to a person who:
(1) is licensed or certified in this state to provide
mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) certified social worker; and
(2) provides mental health or medical services for the
rehabilitation of the defendant.
(c) If the defendant is a sex offender, the judge shall
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 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.
The judge may require the evaluation to use offense-specific
standards of practice adopted by the council and may require the
report to reflect those standards. The evaluation shall 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. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (i) to read as follows:
(i) A judge who grants community supervision to a sex
offender evaluated under Section 9A may require the sex offender as
a condition of community supervision to submit to treatment,
specialized supervision, or rehabilitation according to
offense-specific standards of practice adopted by the Council on
Sex Offender Treatment. On a finding that the defendant is
financially able to make payment, the judge shall require the
defendant to pay all or part of the reasonable and necessary costs
of the treatment, supervision, or rehabilitation.
SECTION 3. Section 13B, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsection (i) to read as follows:
(a) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:
(1) not:
(A) supervise or participate in any program that
includes as participants or recipients persons who are 17 years of
age or younger and that regularly provides athletic, civic, or
cultural activities; or
(B) go in, on, or within 1,000 feet [a distance
specified by the judge] of a premises where children commonly
gather, including a school, day-care facility, playground, public
or private youth center, public swimming pool, or video arcade
facility; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization which provides sex
offender treatment or counseling as specified by or approved by the
judge or the community supervision and corrections department
officer supervising the defendant.
(i) Notwithstanding Subsection (a)(1)(B), a requirement
that a defendant not go in, on, or within 1,000 feet of certain
premises does not apply to a defendant while the defendant is in or
going immediately to or from a:
(1) community supervision and corrections department
office;
(2) premises at which the defendant is participating
in a program or activity required as a condition of community
supervision;
(3) residential facility in which the defendant is
required to reside as a condition of community supervision, if the
facility was in operation as a residence for defendants on
community supervision on June 1, 2003; or
(4) private residence at which the defendant is
required to reside as a condition of community supervision.
SECTION 4. 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, is amended to read as
follows:
Sec. 14. CHILD ABUSERS[, SEX OFFENDERS,] AND FAMILY
VIOLENCE OFFENDERS; SPECIAL CONDITIONS.
SECTION 5. Subsections (l) and (m), Section 9, Article
42.12, Code of Criminal Procedure, are repealed.
SECTION 6. Subsection (b), 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, is repealed.
SECTION 7. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act in amending Section
13B, Article 42.12, Code of Criminal Procedure, applies only to a
person placed on community supervision on or after the effective
date of this Act.
(b) On or after the effective date of this Act, a court may
modify a condition of community supervision to require that a
person who before that date was placed on community supervision
maintain a distance of 1,000 feet from a premises where children
commonly gather.
SECTION 8. Except as provided by Section 7 of this Act, the
change in law made by this Act to Article 42.12, Code of Criminal
Procedure, applies only to a defendant charged with or convicted of
an offense committed on or after the effective date of this Act.
For the purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date. A defendant charged with or convicted of 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 this purpose.
SECTION 9. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1054 passed the Senate on
May 1, 2003, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 30, 2003, by a viva-voce
vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1054 passed the House, with
amendment, on May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor