By: Cain S.B. No. 108
A BILL TO BE ENTITLED
AN ACT
1-1 relating to conditions of community supervision, parole, and
1-2 mandatory supervision for certain violent offenders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-5 amended by adding Section 13D to read as follows:
1-6 Sec. 13D. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
1-7 VIOLENT OFFENSES; PROTECTING CHILDREN. (a) If a judge grants
1-8 community supervision to a defendant convicted of an offense listed
1-9 in Section 3g(a)(1), or for which the judgment contains an
1-10 affirmative finding under Section 3g(a)(2), the judge, if the
1-11 nature of the offense for which the defendant is convicted warrants
1-12 the establishment of a child safety zone, may establish a child
1-13 safety zone applicable to the defendant by requiring as a condition
1-14 of community supervision that the defendant not:
1-15 (1) supervise or participate in any program that
1-16 includes as participants or recipients persons who are 17 years of
1-17 age or younger and that regularly provides athletic, civic, or
1-18 cultural activities; or
1-19 (2) go in, on, or within a distance specified by the
1-20 judge of a premises where children commonly gather, including a
1-21 school, day-care facility, playground, public or private youth
1-22 center, public swimming pool, or video arcade facility.
1-23 (b) At any time after the imposition of a condition under
2-1 Subsection (a), the defendant may request the judge to modify the
2-2 child safety zone applicable to the defendant because the zone as
2-3 created by the judge:
2-4 (1) interferes with the ability of the defendant to
2-5 attend school or hold a job and consequently constitutes an undue
2-6 hardship for the defendant; or
2-7 (2) is broader than is necessary to protect the
2-8 public, given the nature and circumstances of the offense.
2-9 (c) This section does not apply to a defendant described by
2-10 Section 13B, as added by Chapter 256, Acts of the 74th Legislature,
2-11 1995.
2-12 (d) In this section, "playground," "premises," "school,"
2-13 "video arcade facility," and "youth center" have the meanings
2-14 assigned by Section 481.134, Health and Safety Code.
2-15 SECTION 2. Section 8, Article 42.18, Code of Criminal
2-16 Procedure, is amended by adding Subsection (v) to read as follows:
2-17 (v)(1) A parole panel, if the nature of the offense for
2-18 which the inmate is serving a sentence warrants the establishment
2-19 of a child safety zone, may establish a child safety zone
2-20 applicable to an inmate serving a sentence for an offense listed in
2-21 Section 3g(a)(1), Article 42.12, or for which the judgment contains
2-22 an affirmative finding under Section 3g(a)(2) of that article, by
2-23 requiring as a condition of parole or release to mandatory
2-24 supervision that the inmate not:
2-25 (A) supervise or participate in any program that
3-1 includes as participants or recipients persons who are 17 years of
3-2 age or younger and that regularly provides athletic, civic, or
3-3 cultural activities; or
3-4 (B) go in, on, or within a distance specified by
3-5 the panel of a premises where children commonly gather, including a
3-6 school, day-care facility, playground, public or private youth
3-7 center, public swimming pool, or video arcade facility.
3-8 (2) At any time after the imposition of a condition
3-9 under Subdivision (1), the inmate may request the parole panel to
3-10 modify the child safety zone applicable to the inmate because the
3-11 zone as created by the panel:
3-12 (A) interferes with the ability of the inmate to
3-13 attend school or hold a job and consequently constitutes an undue
3-14 hardship for the inmate; or
3-15 (B) is broader than is necessary to protect the
3-16 public, given the nature and circumstances of the offense.
3-17 (3) This subsection does not apply to an inmate
3-18 described by Subsection (u).
3-19 (4) In this subsection, "playground," "premises,"
3-20 "school," "video arcade facility," and "youth center" have the
3-21 meanings assigned by Section 481.134, Health and Safety Code.
3-22 SECTION 3. This Act takes effect September 1, 1997.
3-23 SECTION 4. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.