AN ACT
1-1 relating to conditions of community supervision, parole, and
1-2 mandatory supervision for certain violent offenders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-5 amended by adding Section 13D to read as follows:
1-6 Sec. 13D. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
1-7 VIOLENT OFFENSES; PROTECTING CHILDREN. (a) If a judge grants
1-8 community supervision to a defendant convicted of an offense listed
1-9 in Section 3g(a)(1) or for which the judgment contains an
1-10 affirmative finding under Section 3g(a)(2), the judge, if the
1-11 nature of the offense for which the defendant is convicted warrants
1-12 the establishment of a child safety zone, may establish a child
1-13 safety zone applicable to the defendant by requiring as a condition
1-14 of community supervision that the 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 or 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) At any time after the imposition of a condition under
1-24 Subsection (a), the defendant may request the judge to modify the
2-1 child safety zone applicable to the defendant because the zone as
2-2 created by the judge:
2-3 (1) interferes with the ability of the defendant to
2-4 attend school or hold a job and consequently constitutes an undue
2-5 hardship for the defendant; or
2-6 (2) is broader than is necessary to protect the
2-7 public, given the nature and circumstances of the offense.
2-8 (c) This section does not apply to a defendant described by
2-9 Section 13B.
2-10 (d) In this section, "playground," "premises," "school,"
2-11 "video arcade facility," and "youth center" have the meanings
2-12 assigned by Section 481.134, Health and Safety Code.
2-13 SECTION 2. Subchapter G, Chapter 508, Government Code, is
2-14 amended by adding Section 508.225 to read as follows:
2-15 Sec. 508.225. CHILD SAFETY ZONE. (a) If the nature of the
2-16 offense for which an inmate is serving a sentence warrants the
2-17 establishment of a child safety zone, a parole panel may establish
2-18 a child safety zone applicable to an inmate serving a sentence for
2-19 an offense listed in Section 3g(a)(1), Article 42.12, Code of
2-20 Criminal Procedure, or for which the judgment contains an
2-21 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
2-22 Criminal Procedure, by requiring as a condition of parole or
2-23 release to mandatory supervision that the inmate not:
2-24 (1) supervise or participate in any program that
2-25 includes as participants or recipients persons who are 17 years of
2-26 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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 660 passed the Senate on
March 25, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 660 passed the House on
April 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor