SRC-TNM S.B. 108 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 108
By: Cain
Criminal Justice
4-8-97
As Filed


DIGEST 

Currently, the Code of Criminal Procedure provides for conditions of
community supervision, parole, and release on mandatory supervision for
defendants charged with or convicted of certain sexual offenses against or
involving children.  Child safety zones were created to prevent convicted
pedophiles from participating in programs or going to areas designated for
children.  Additionally, numerous laws have been passed to create
drug-free and gun-free zones to protect children from drug dealers and
other criminals.  S.B. 108 would extend the child safety zones to prevent
anyone convicted of an offense under Section 3g, Article 42.12, Code of
Criminal Procedure, and later released under state supervision from
participating in any program involving participants 17 years of age or
younger.  
 
PURPOSE

As proposed, S.B. 108 outlines provisions for conditions of community
supervision, parole, and mandatory supervision for certain violent
offenders. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 42.12, Code of Criminal Procedure, to add
Section 13D, as follows: 

Sec. 13D. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR VIOLENT OFFENSES;
PROTECTING CHILDREN.  Requires a judge to establish a child safety zone
applicable to a defendant convicted of certain violent offenses and who
has been granted community supervision by requiring as a condition of the
community supervision the defendant be prohibited from participation in
any athletic, civic, or cultural program that includes persons aged 17 or
younger; and from going in, on, or within a distance specified by the
judge where children gather.  Defines "playground," "premises," "school,"
"video arcade facility," and "youth center".  

SECTION 2.  Amends Article 42.18(8), Code of Criminal Procedure, by adding
Subsection (v) to require a parol panel to establish a child safety zone
applicable to an inmate convicted of certain violent offenses and who has
been granted community supervision by requiring as a condition of the
community supervision the defendant be prohibited from participation in
any athletic, civic, or cultural program that includes persons aged 17 or
younger; and from going in, on, or within a distance specified by the
judge where children gather.  Makes a conforming change. 

SECTION 3.  Effective date: September 1, 1997.

SECTION 4.  Emergency clause.