1-1     By:  Cain                                              S.B. No. 660
 1-2           (In the Senate - Filed February 23, 1999; February 25, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 18, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 18, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to conditions of community supervision, parole, and
 1-9     mandatory supervision for certain violent offenders.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Article 42.12, Code of Criminal Procedure, is
1-12     amended by adding Section 13D to read as follows:
1-13           Sec. 13D.  DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
1-14     VIOLENT OFFENSES; PROTECTING CHILDREN.  (a)  If a judge grants
1-15     community supervision to a defendant convicted of an offense listed
1-16     in Section 3g(a)(1) or for which the judgment contains an
1-17     affirmative finding under Section 3g(a)(2), the judge, if the
1-18     nature of the offense for which the defendant is convicted warrants
1-19     the establishment of a child safety zone, may establish a child
1-20     safety zone applicable to the defendant by requiring as a condition
1-21     of community supervision that the defendant not:
1-22                 (1)  supervise or participate in any program that
1-23     includes as participants or recipients persons who are 17 years of
1-24     age or younger and that regularly provides athletic, civic, or
1-25     cultural activities; or
1-26                 (2)  go in or on, or within a distance specified by the
1-27     judge of, a premises where children commonly gather, including a
1-28     school, day-care facility, playground, public or private youth
1-29     center, public swimming pool, or video arcade facility.
1-30           (b)  At any time after the imposition of a condition under
1-31     Subsection (a), the defendant may request the judge to modify the
1-32     child safety zone applicable to the defendant because the zone as
1-33     created by the judge:
1-34                 (1)  interferes with the ability of the defendant to
1-35     attend school or hold a job and consequently constitutes an undue
1-36     hardship for the defendant; or
1-37                 (2)  is broader than is necessary to protect the
1-38     public, given the nature and circumstances of the offense.
1-39           (c)  This section does not apply to a defendant described by
1-40     Section 13B.
1-41           (d)  In this section, "playground," "premises," "school,"
1-42     "video arcade facility," and "youth center" have the meanings
1-43     assigned by Section 481.134, Health and Safety Code.
1-44           SECTION 2.  Subchapter G, Chapter 508, Government Code, is
1-45     amended by adding Section 508.225 to read as follows:
1-46           Sec. 508.225.  CHILD SAFETY ZONE.  (a)  If the nature of the
1-47     offense for which an inmate is serving a sentence warrants the
1-48     establishment of a child safety zone, a parole panel may establish
1-49     a child safety zone applicable to an inmate serving a sentence for
1-50     an offense listed in Section 3g(a)(1), Article 42.12, Code of
1-51     Criminal Procedure, or for which the judgment contains an
1-52     affirmative finding under Section 3g(a)(2), Article 42.12, Code of
1-53     Criminal Procedure, by requiring as a condition of parole or
1-54     release to mandatory supervision that the inmate not:
1-55                 (1)  supervise or participate in any program that
1-56     includes as participants or recipients persons who are 17 years of
1-57     age or younger and that regularly provides athletic, civic, or
1-58     cultural activities; or
1-59                 (2)  go in or on, or within a distance specified by the
1-60     panel of, a premises where children commonly gather, including a
1-61     school, day-care facility, playground, public or private youth
1-62     center, public swimming pool, or video arcade facility.
1-63           (b)  At any time after the imposition of a condition under
1-64     Subsection (a), the inmate may request the parole panel to modify
 2-1     the child safety zone applicable to the inmate because the zone as
 2-2     created by the panel:
 2-3                 (1)  interferes with the ability of the inmate to
 2-4     attend school or hold a job and consequently constitutes an undue
 2-5     hardship for the inmate; 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 an inmate described by
 2-9     Section 508.187.
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 3.  This Act takes effect September 1, 1999.
2-14           SECTION 4.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.
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