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