HBA-MPA H.B. 300 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 300
By: Wise
Corrections
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

In an effort to increase the level of protection afforded by the law to
children from offenders who have been convicted of sex crimes, parole
procedures could be strengthened to ensure that these offenders are
thoroughly evaluated and that all the circumstances of their conviction are
known to the parole board before they are released.  H.B. 300 requires that
parole boards receive a full briefing from the prosecutor, that notice of
the hearing be delivered to the prosecutor and the victim, that the
offender be examined by a neutral third party to determine if the offender
poses a continuing threat, that the parole board require the offender to
participate for three years in mental health treatment, and that a
correctional facility notify the prosecutor and victim upon the release of
the offender.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.141, Government Code, by adding Subsection
(g), as follows: 

(g) Requires a parole panel to compel an inmate serving a sentence for
sexual performance by a child, possession or promotion of child
pornography, indecency with a child, sexual assault, aggravated sexual
assault, prohibited sexual conduct under the provisions of offenses against
the family, kidnapping with the intent to violate or abuse the victim
sexually, or burglary of a habitation with sexual intent (Sections 43.25,
43.26, 21.11, 22.011, 22.021, 25.02, 20.04(a)(4), or 30.02, Penal Code, as
enumerated in Section 508.187(a), Government Code), to submit to an
evaluation by a provider of sex offender treatment or counseling to
determine if the inmate if released would pose a threat to public safety. 

SECTION 2. Amends Section 508.152, Government Code, by adding Subsection
(f), as follows: 

(f) Requires an attorney representing the state to provide the Texas
Department of Criminal Justice with written comments on the circumstances
related to the commission of the offense by an inmate sentenced under one
of the offenses enumerated in Sec. 508.187(a), and other information
relevant to a decision regarding the inmate's parole. 

SECTION 3. Amends Section 508.187(b), Government Code, to require that a
parole panel, having determined that one of the offenses enumerated in
Section 508.187(a) was perpetrated against a child, to compel a releasee to
attend for not less than three years psychological counseling sessions for
sex offenders specified in addition to existing specified conditions by the
supervising parole officer, as a condition of parole or mandatory
supervision. 

SECTION 4.  Amends Article 56.11(c)  Notification to Victim of Release or
Escape of Defendant, Code of Criminal Procedure, to require notification of
the victim of the offense by the Texas Department of Criminal Justice or
the sheriff, depending on whichever has the defendant in custody, when a
person convicted of an offense enumerated in Section 508.187(a), Government
Code, completes his sentence, is released, or escapes a correctional
facility. 

 SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.