By Brown of Kaufman, Allen, Longoria                  H.B. No. 2206
         76R8394 GWK-F                           
                                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, if the
1-12     nature of the offense for which the defendant is convicted warrants
1-13     the establishment of a child safety zone, may establish a child
1-14     safety zone applicable to the defendant by requiring as a condition
1-15     of community supervision that the defendant not:
1-16                 (1)  supervise or participate in any program that
1-17     includes as participants or recipients persons who are 17 years of
1-18     age or younger and that regularly provides athletic, civic, or
1-19     cultural activities; or
1-20                 (2)  go in or on, or within a distance specified by the
1-21     judge of, a premises where children commonly gather, including a
1-22     school, day-care facility, playground, public or private youth
1-23     center, public swimming pool, or video arcade facility.
1-24           (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.
2-11           (d)  In this section, "playground," "premises," "school,"
2-12     "video arcade facility," and "youth center" have the meanings
2-13     assigned by Section 481.134, Health and Safety Code.
2-14           SECTION 2.  Subchapter G, Chapter 508, Government Code, is
2-15     amended by adding Section 508.226 to read as follows:
2-16           Sec. 508.226.  CHILD SAFETY ZONE.  (a)  If the nature of the
2-17     offense for which an inmate is serving a sentence warrants the
2-18     establishment of a child safety zone, a parole panel may establish
2-19     a child safety zone applicable to an inmate serving a sentence for
2-20     an offense listed in Section 3g(a)(1), Article 42.12, Code of
2-21     Criminal Procedure, or for which the judgement contains an
2-22     affirmative finding under Section 3g(a)(2), Article 42.12, Code of
2-23     Criminal Procedure, by requiring as a condition of parole or
2-24     release to mandatory supervision that the inmate not:
2-25                 (1)  supervise or participate in any program that
2-26     includes as participants or recipients persons who are 17 years of
2-27     age or younger and that regularly provides athletic, civic, or
 3-1     cultural activities; or
 3-2                 (2)  go in or on, or within a distance specified by the
 3-3     panel of, a premises where children commonly gather, including a
 3-4     school, day-care facility, playground, public or private youth
 3-5     center, public swimming pool, or video arcade facility.
 3-6           (b)  At any time after the imposition of a condition under
 3-7     Subsection (a), the inmate may request the parole panel to modify
 3-8     the child safety zone applicable to the inmate because the zone as
 3-9     created by the panel:
3-10                 (1)  interferes with the ability of the inmate to
3-11     attend school or hold a job and consequently constitutes an undue
3-12     hardship for the inmate; or
3-13                 (2)  is broader than is necessary to protect the
3-14     public, given the nature and circumstances of the offense.
3-15           (c)  This section does not apply to an inmate described by
3-16     Section 508.187.
3-17           (d)  In this section, "playground," "premises," "school,"
3-18     "video arcade facility," and "youth center" have the meanings
3-19     assigned by Section 481.134, Health and Safety Code.
3-20           SECTION 3.  This Act takes effect September 1, 1999.
3-21           SECTION 4.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.
3-26                          COMMITTEE AMENDMENT NO. 1
3-27           (1)  Amend H.B. 2206 on page 1, line 16, between "program"
 4-1     and "that", insert "or enter any location".
 4-2           (2)  On page 1, line 18, between "and" and "that" insert
 4-3     "including those" and strike the "s" at the end of "provides".
 4-4           (3)  On page 1, line 21, between "including" and "a" insert
 4-5     "but not limited to,".
 4-6           (4)  On page 2, line 25, between "program" and "that" insert
 4-7     "or enter any location".
 4-8           (5)  On page 2, line 27, between "and" and "that" insert
 4-9     "including those" and strike the "s" at the end of "provides".
4-10           (6)  On page 3, line 3, between "including" and "a" insert
4-11     "but not limited to,".
4-12                                                                Longoria