BILL ANALYSIS

 

 

 

H.B. 373

By: Allen

Corrections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

It has been noted that the prohibition against people placed on community supervision from contacting or interacting with people who have a criminal history may be problematic because some community and nonprofit support groups and court-ordered treatment programs are organized, administered, and attended by individuals with criminal histories. H.B. 373 seeks to address this issue by prohibiting as a condition of community supervision the prohibition against such contact or interaction.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 373 amends the Code of Criminal Procedure to prohibit a judge who places a defendant on community supervision from prohibiting the defendant, as a condition of community supervision, from contacting or interacting with a person who belongs to an organization whose membership includes persons with criminal histories and who engage in activities that the director of the community supervision and corrections department supervising the defendant determines, based on information provided by the organization's designated representative or other information, include working with community members to address criminal justice issues, offering training and programs to assist formerly incarcerated persons, and advocating for criminal justice reform. The bill applies to a defendant placed on community supervision on or after the bill's effective date, regardless of whether the offense for which the defendant was placed on community supervision was committed before, on, or after the bill's effective date.

 

EFFECTIVE DATE

 

September 1, 2019.