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


Senate Research CenterC.S.S.B. 108
By: Cain
Criminal Justice
4-29-97
Committee Report (Substituted)


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.  C.S.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, C.S.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.  Authorizes a judge, if the 
nature of the offense 
for which a defendant is convicted warrants the 
establishment of a child safety zone, 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 age 17 or younger; 
and from going in, on, or within 
a distance specified by the judge where children gather.  
Authorizes the defendant to request 
the judge to modify the child safety zone applicable to the 
defendant because the zone as 
created by the judge interferes with the ability of the 
defendant to attend school or hold a job 
and consequently constitutes an undue hardship for the 
defendant or is broader than 
necessary to protect the public, given the nature and 
circumstances of the offense at any time 
after the imposition of a condition under Subsection (a).  
Provides that this section does not 
apply to a defendant described by Section 13B, as added by 
Chapter 256, Acts of the 74th 
Legislature, Regular Session, 1995.  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 
authorize a parol panel, if the nature of the offense for which 
an inmate is serving a sentence 
warrants the establishment of a child safety zone, 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.  Authorizes the inmate to
 request the parole panel to modify the child safety zone 
applicable to the inmate because the zone 
as created by the panel interferes with the ability of the inmate 
to attend school or hold a job and 
consequently constitutes an undue hardship or is broader than is 
necessary to protect the public, 
given the nature and circumstance of the offense at any time 
after the imposition of a condition under 
Subdivision (1).  Provides that this section does not apply to an 
inmate described by Subsection (u). 
Makes a conforming change.

SECTION 3.  Effective date: September 1, 1997.

SECTION 4.  Emergency clause.

    
SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 13D, Code of Criminal Procedure, regarding 
protecting children from 
defendants placed on community supervision for certain 
offenses.

SECTION 2.

Amends Section 8(v)(1), Code of Criminal Procedure, 
regarding protecting children from 
inmates placed on community supervision for certain