By Cain                                                S.B. No. 108

      75R226 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to conditions of community supervision, parole, and

 1-3     mandatory supervision for certain violent offenders.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 42.12, Code of Criminal Procedure, is

 1-6     amended by adding Section 13D to read as follows:

 1-7           Sec. 13D.  DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR

 1-8     VIOLENT OFFENSES; PROTECTING CHILDREN.  (a)  If a judge grants

 1-9     community supervision to a defendant convicted of an offense listed

1-10     in Section 3g(a)(1), or for which the judgment contains an

1-11     affirmative finding under Section 3g(a)(2), the judge shall

1-12     establish a child safety zone applicable to the defendant by

1-13     requiring as a condition of community supervision that the

1-14     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)  This section does not apply to a defendant described by

1-24     Section 13B, as added by Chapter 256, Acts of the 74th Legislature,

 2-1     Regular Session, 1995.

 2-2           (c)  In this section, "playground," "premises," "school,"

 2-3     "video arcade facility," and "youth center" have the meanings

 2-4     assigned by Section 481.134, Health and Safety Code.

 2-5           SECTION 2.  Section 8, Article 42.18, Code of Criminal

 2-6     Procedure, is amended by adding Subsection (v) to read as follows:

 2-7           (v)(1)  A parole panel shall establish a child safety zone

 2-8     applicable to an inmate serving a sentence for an offense listed in

 2-9     Section 3g(a)(1), Article 42.12, or for which the judgment contains

2-10     an affirmative finding under Section 3g(a)(2) of that article, by

2-11     requiring as a condition of parole or release to mandatory

2-12     supervision that the inmate not:

2-13                       (A)  supervise or participate in any program that

2-14     includes as participants or recipients persons who are 17 years of

2-15     age or younger and that regularly provides athletic, civic, or

2-16     cultural activities; or

2-17                       (B)  go in, on, or within a distance specified by

2-18     the panel of a premises where children commonly gather, including a

2-19     school, day-care facility, playground, public or private youth

2-20     center, public swimming pool, or video arcade facility.

2-21                 (2)  This section does not apply to an inmate described

2-22     by Subsection (u).

2-23                 (3)  In this subsection, "playground," "premises,"

2-24     "school," "video arcade facility," and "youth center" have the

2-25     meanings assigned by Section 481.134, Health and Safety Code.

2-26           SECTION 3.  This Act takes effect September 1, 1997.

2-27           SECTION 4.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.