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