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. 2-21 * * * * *