By: Barrientos S.B. No. 107
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. Subsection (b), Section 508.187, Government Code,
1-7 is amended to read as follows:
1-8 (b) A parole panel shall establish a child safety zone
1-9 applicable to a releasee if the panel determines that a child as
1-10 defined by Section 22.011(c), Penal Code, was the victim of the
1-11 offense, by requiring as a condition of parole or mandatory
1-12 supervision that the releasee:
1-13 (1) not:
1-14 (A) supervise or participate in any program that
1-15 includes as participants or recipients persons who are 17 years of
1-16 age or younger and that regularly provides athletic, civic, or
1-17 cultural activities; or
1-18 (B) go in, on, or within 1,000 feet [a distance
1-19 specified by the panel] of premises where children commonly gather,
1-20 including a school, day-care facility, playground, public or
1-21 private youth center, public swimming pool, or video arcade
1-22 facility; and
1-23 (2) attend psychological counseling sessions for sex
1-24 offenders with an individual or organization that provides sex
1-25 offender treatment or counseling as specified by the parole officer
2-1 supervising the releasee after release.
2-2 SECTION 2. Section 508.187, Government Code, is amended by
2-3 adding Subsection (g) to read as follows:
2-4 (g) Notwithstanding Subsection (b)(1)(B), a parole panel
2-5 requirement that a releasee not go in, on, or within 1,000 feet of
2-6 certain premises does not apply to a releasee while the releasee is
2-7 in or going immediately to or from a:
2-8 (1) parole office;
2-9 (2) premises at which the releasee is participating in
2-10 a program or activity required as a condition of release;
2-11 (3) halfway house or community residential facility in
2-12 which the releasee is required to reside as a condition of release,
2-13 if the halfway house or facility was in operation as a residence
2-14 for releasees on June 1, 2001; or
2-15 (4) private residence in which the releasee is
2-16 required to reside as a condition of release.
2-17 SECTION 3. Subsection (a), Section 13B, Article 42.12, Code
2-18 of Criminal Procedure, is amended to read as follows:
2-19 (a) If a judge grants community supervision to a defendant
2-20 described by Subsection (b) and the judge determines that a child
2-21 as defined by Section 22.011(c), Penal Code, was the victim of the
2-22 offense, the judge shall establish a child safety zone applicable
2-23 to the defendant by requiring as a condition of community
2-24 supervision that the defendant:
2-25 (1) not:
2-26 (A) supervise or participate in any program that
3-1 includes as participants or recipients persons who are 17 years of
3-2 age or younger and that regularly provides athletic, civic, or
3-3 cultural activities; or
3-4 (B) go in, on, or within 1,000 feet [a distance
3-5 specified by the judge] of a premises where children commonly
3-6 gather, including a school, day-care facility, playground, public
3-7 or private youth center, public swimming pool, or video arcade
3-8 facility; and
3-9 (2) attend psychological counseling sessions for sex
3-10 offenders with an individual or organization which provides sex
3-11 offender treatment or counseling as specified by or approved by the
3-12 judge or the community supervision and corrections department
3-13 officer supervising the defendant.
3-14 SECTION 4. Section 13B, Article 42.12, Code of Criminal
3-15 Procedure, is amended by adding Subsection (i) to read as follows:
3-16 (i) Notwithstanding Subsection (a)(1)(B), a requirement that
3-17 a defendant not go in, on, or within 1,000 feet of certain premises
3-18 does not apply to a defendant while the defendant is in or going
3-19 immediately to or from a:
3-20 (1) community supervision and corrections department
3-21 office;
3-22 (2) premises at which the defendant is participating
3-23 in a program or activity required as a condition of community
3-24 supervision;
3-25 (3) residential facility in which the defendant is
3-26 required to reside as a condition of community supervision, if the
4-1 facility was in operation as a residence for defendants on
4-2 community supervision on June 1, 2001; or
4-3 (4) private residence at which the defendant is
4-4 required to reside as a condition of community supervision.
4-5 SECTION 5. (a) This Act takes effect September 1, 2001,
4-6 and, except as provided by Subsection (b) of this section, applies
4-7 only to a person placed on community supervision or released on
4-8 parole or mandatory supervision on or after that date.
4-9 (b) A court, or a parole panel as appropriate, on or after
4-10 September 1, 2001, may modify a condition of community supervision,
4-11 parole, or mandatory supervision to require that a person who
4-12 before that date was placed on community supervision or released on
4-13 parole or mandatory supervision maintain a distance of 1,000 feet
4-14 of a premises where children commonly gather.
4-15 COMMITTEE AMENDMENT NO. 1
4-16 Amend S.B. No. 107 (Engrossed Printing) as follows:
4-17 (1) In each place where the term appears in the bill, strike
4-18 "1,000 feet" and substitute "500 feet".
4-19 (2) In SECTION 2, in added Section 508.187(g), Government
4-20 Code (Page 2, lines 15-16), strike "private residence in which the
4-21 releasee is required to reside as a condition of release" and
4-22 substitute "private residence owned by the releasee both during
4-23 supervision under this chapter and at the time of committing the
4-24 offense giving rise to supervision under this chapter".
4-25 (3) In SECTION 4, in added Section 13B(i), Article 42.12,
4-26 Code of Criminal Procedure (Page 4, lines 3-4), strike "private
5-1 residence at which the defendant is required to reside as a
5-2 condition of community supervision" and substitute "private
5-3 residence owned by the defendant both during community supervision
5-4 and at the time of committing the offense giving rise to community
5-5 supervision".
5-6 (4) In SECTION 5(b) (page 4, line 13), strike "1,000 feet"
5-7 and substitute "500 feet".
5-8 77R17144 GWK-F Haggerty