By Wise H.B. No. 223
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedural requirements applicable to the release on
1-3 parole of certain sex offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 508.152, Government Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) An attorney representing the state in the prosecution of
1-8 an inmate serving a sentence for an offense described by Section
1-9 508.187(a) shall provide written comments to the department on the
1-10 circumstances related to the commission of the offense and other
1-11 information determined by the attorney to be relevant to any
1-12 subsequent parole decisions regarding the inmate.
1-13 SECTION 2. Section 508.187, Government Code, is amended by
1-14 amending Subsection (b) and adding Subsections (g) and (h) to read
1-15 as follows:
1-16 (b) A parole panel shall establish a child safety zone
1-17 applicable to a releasee if the panel determines that a child as
1-18 defined by Section 22.011(c), Penal Code, was the victim of the
1-19 offense, by requiring as a condition of parole or mandatory
1-20 supervision that the releasee:
1-21 (1) not:
1-22 (A) 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
2-1 cultural activities; or
2-2 (B) with respect to [go in, on, or within a
2-3 distance specified by the panel of] premises where children
2-4 commonly gather, including a school, day-care facility, playground,
2-5 public or private youth center, public swimming pool, or video
2-6 arcade facility:
2-7 (i) go in or on the premises or within a
2-8 distance of the premises specified by the panel; or
2-9 (ii) reside in a residence located within
2-10 500 feet of the premises; and
2-11 (2) attend for a period of time determined necessary
2-12 by the panel psychological counseling sessions for sex offenders
2-13 with an individual or organization that provides sex offender
2-14 treatment or counseling as specified by the parole officer
2-15 supervising the releasee after release.
2-16 (g) For purposes of Subsection (b)(1)(B)(ii), the
2-17 measurement of the distance between a residence and a premises
2-18 described by Subsection (b)(1)(B) is a direct line from the
2-19 property line of the residence to the property line of the
2-20 premises, and in a direct line across intersections.
2-21 (h) Notwithstanding Subsection (b)(1)(B)(ii), a parole panel
2-22 requirement that a releasee not reside in a residence located
2-23 within 500 feet of premises where children commonly gather does not
2-24 apply to a releasee if:
2-25 (1) the premises became a premises where children
2-26 commonly gather only after the releasee began residing in the
2-27 residence; or
3-1 (2) the residence is owned by the releasee and was
3-2 owned by the releasee at the time of committing the offense giving
3-3 rise to supervision under this chapter.
3-4 SECTION 3. Article 56.11(c), Code of Criminal Procedure, is
3-5 amended to read as follows:
3-6 (c) This article applies to a person convicted of an offense
3-7 described by Section 508.187(a), Government Code, or an offense
3-8 involving family violence, stalking, or violation of a protective
3-9 order or magistrate's order.
3-10 SECTION 4. This Act takes effect September 1, 2001.