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78R6538 KEL-D
By: Shapleigh S.B. No. 1054
A BILL TO BE ENTITLED
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. 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 4. Sections 9(l) and (m), Article 42.12, Code of
Criminal Procedure, are repealed.
SECTION 5. Section 14(b), 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 6. 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 7. This Act takes effect September 1, 2003.