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. 2-19 * * * * *