77R12923 E
By Clark H.B. No. 331
Substitute the following for H.B. No. 331:
By Haggerty C.S.H.B. No. 331
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring sex offenders released on community
1-3 supervision, parole, or mandatory supervision to maintain a certain
1-4 distance from any premises where children frequently gather.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 508.187, Government Code, is amended by
1-7 amending Subsection (b) and adding Subsections (g) and (h) to read
1-8 as follows:
1-9 (b) A parole panel shall establish a child safety zone
1-10 applicable to a releasee if the panel determines that a child as
1-11 defined by Section 22.011(c), Penal Code, was the victim of the
1-12 offense, by requiring as a condition of parole or mandatory
1-13 supervision that the releasee:
1-14 (1) not:
1-15 (A) 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 (B) with respect to a [go in, on, or within a
1-20 distance specified by the panel of] premises where children
1-21 commonly gather, including a school, day-care facility, playground,
1-22 public or private youth center, public swimming pool, or video
1-23 arcade facility:
1-24 (i) go in or on the premises or within a
2-1 distance of the premises specified by the panel; or
2-2 (ii) reside in a residence located within
2-3 500 feet of the premises; and
2-4 (2) attend psychological counseling sessions for sex
2-5 offenders with an individual or organization that provides sex
2-6 offender treatment or counseling as specified by the parole officer
2-7 supervising the releasee after release.
2-8 (g) For the purposes of Subsection (b)(1)(B)(ii), the
2-9 measurement of the distance between a residence and a premises
2-10 described by Subsection (b)(1)(B) is a direct line from the
2-11 property line of the residence to the property line of the
2-12 premises, and in direct line across intersections.
2-13 (h) Notwithstanding Subsection (b)(1)(B)(ii), a parole panel
2-14 requirement that a releasee not reside in a residence located
2-15 within 300 feet of premises where children commonly gather does not
2-16 apply to a releasee if:
2-17 (1) the premises became a premises where children
2-18 commonly gather only after the releasee began residing in the
2-19 residence; or
2-20 (2) the residence is owned by the releasee and was
2-21 owned by the releasee at the time of committing the offense giving
2-22 rise to supervision under this chapter.
2-23 SECTION 2. Section 13B, Article 42.12, Code of Criminal
2-24 Procedure, is amended by amending Subsection (a) and adding
2-25 Subsections (i) and (j) to read as follows:
2-26 (a) If a judge grants community supervision to a defendant
2-27 described by Subsection (b) and the judge determines that a child
3-1 as defined by Section 22.011(c), Penal Code, was the victim of the
3-2 offense, the judge shall establish a child safety zone applicable
3-3 to the defendant by requiring as a condition of community
3-4 supervision that the defendant:
3-5 (1) not:
3-6 (A) supervise or participate in any program that
3-7 includes as participants or recipients persons who are 17 years of
3-8 age or younger and that regularly provides athletic, civic, or
3-9 cultural activities; or
3-10 (B) with respect to [go in, on, or within a
3-11 distance specified by the judge of] a premises where children
3-12 commonly gather, including a school, day-care facility, playground,
3-13 public or private youth center, public swimming pool, or video
3-14 arcade facility:
3-15 (i) go in or on the premises or within a
3-16 distance of the premises specified by the judge; or
3-17 (ii) reside in a residence located within
3-18 300 feet of the premises; and
3-19 (2) attend psychological counseling sessions for sex
3-20 offenders with an individual or organization which provides sex
3-21 offender treatment or counseling as specified by or approved by the
3-22 judge or the community supervision and corrections department
3-23 officer supervising the defendant.
3-24 (i) For the purposes of Subsection (a)(1)(B)(ii), the
3-25 measurement of the distance between a residence and a premises
3-26 described by Subsection (a)(1)(B) is a direct line from the
3-27 property line of the residence to the property line of the
4-1 premises, and in direct line across intersections.
4-2 (j) Notwithstanding Subsection (a)(1)(B)(ii), a requirement
4-3 that a defendant not reside in a residence located within 500 feet
4-4 of premises where children commonly gather does not apply to a
4-5 defendant if:
4-6 (1) the premises became a premises where children
4-7 commonly gather only after the defendant began residing in the
4-8 residence; or
4-9 (2) the residence is owned by the defendant and was
4-10 owned by the defendant at the time of committing the offense giving
4-11 rise to supervision under this article.
4-12 SECTION 3. (a) This Act takes effect September 1, 2001, and,
4-13 except as provided by Subsection (b) of this section, applies only
4-14 to a person placed on community supervision or released on parole
4-15 or mandatory supervision on or after that date.
4-16 (b) A court, or a parole panel as appropriate, on or after
4-17 September 1, 2001, may modify a condition of community supervision,
4-18 parole, or mandatory supervision to require that a person who
4-19 before that date was placed on community supervision or released on
4-20 parole or mandatory supervision reside at a distance of at least
4-21 300 feet from a premises where children commonly gather.