1-1     By:  Cain                                              S.B. No. 108

 1-2           (In the Senate - Filed November 26, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 30, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 30, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 108                   By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to conditions of community supervision, parole, and

1-11     mandatory supervision for certain violent offenders.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Article 42.12, Code of Criminal Procedure, is

1-14     amended by adding Section 13D to read as follows:

1-15           Sec. 13D.  DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR

1-16     VIOLENT OFFENSES; PROTECTING CHILDREN.  (a)  If a judge grants

1-17     community supervision to a defendant convicted of an offense listed

1-18     in Section 3g(a)(1), or for which the judgment contains an

1-19     affirmative finding under Section 3g(a)(2), the judge, if the

1-20     nature of the offense for which the defendant is convicted warrants

1-21     the establishment of a child safety zone, may establish a child

1-22     safety zone applicable to the defendant by requiring as a condition

1-23     of community supervision that the defendant not:

1-24                 (1)  supervise or participate in any program that

1-25     includes as participants or recipients persons who are 17 years of

1-26     age or younger and that regularly provides athletic, civic, or

1-27     cultural activities; or

1-28                 (2)  go in, on, or within a distance specified by the

1-29     judge of a premises where children commonly gather, including a

1-30     school, day-care facility, playground, public or private youth

1-31     center, public swimming pool, or video arcade facility.

1-32           (b)  At any time after the imposition of a condition under

1-33     Subsection (a), the defendant may request the judge to modify the

1-34     child safety zone applicable to the defendant because the zone as

1-35     created by the judge:

1-36                 (1)  interferes with the ability of the defendant to

1-37     attend school or hold a job and consequently constitutes an undue

1-38     hardship for the defendant; or

1-39                 (2)  is broader than is necessary to protect the

1-40     public, given the nature and circumstances of the offense.

1-41           (c)  This section does not apply to a defendant described by

1-42     Section 13B, as added by Chapter 256, Acts of the 74th Legislature,

1-43     1995.

1-44           (d)  In this section, "playground," "premises," "school,"

1-45     "video arcade facility," and "youth center" have the meanings

1-46     assigned by Section 481.134, Health and Safety Code.

1-47           SECTION 2.  Section 8, Article 42.18, Code of Criminal

1-48     Procedure, is amended by adding Subsection (v) to read as follows:

1-49           (v)(1)  A parole panel, if the nature of the offense for

1-50     which the inmate is serving a sentence warrants the establishment

1-51     of a child safety zone, may establish a child safety zone

1-52     applicable to an inmate serving a sentence for an offense listed in

1-53     Section 3g(a)(1), Article 42.12, or for which the judgment contains

1-54     an affirmative finding under Section 3g(a)(2) of that article, by

1-55     requiring as a condition of parole or release to mandatory

1-56     supervision that the inmate not:

1-57                       (A)  supervise or participate in any program that

1-58     includes as participants or recipients persons who are 17 years of

1-59     age or younger and that regularly provides athletic, civic, or

1-60     cultural activities; or

1-61                       (B)  go in, on, or within a distance specified by

1-62     the panel of a premises where children commonly gather, including a

1-63     school, day-care facility, playground, public or private youth

1-64     center, public swimming pool, or video arcade facility.

 2-1                 (2)  At any time after the imposition of a condition

 2-2     under Subdivision (1), the inmate may request the parole panel to

 2-3     modify the child safety zone applicable to the inmate because the

 2-4     zone as created by the panel:

 2-5                       (A)  interferes with the ability of the inmate to

 2-6     attend school or hold a job and consequently constitutes an undue

 2-7     hardship for the inmate; or

 2-8                       (B)  is broader than is necessary to protect the

 2-9     public, given the nature and circumstances of the offense.

2-10                 (3)  This subsection does not apply to an inmate

2-11     described by Subsection (u).

2-12                 (4)  In this subsection, "playground," "premises,"

2-13     "school," "video arcade facility," and "youth center" have the

2-14     meanings assigned by Section 481.134, Health and Safety Code.

2-15           SECTION 3.  This Act takes effect September 1, 1997.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.

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