By Barrientos                                          S.B. No. 107
         77R1986 GWK-D                           
                                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(b), Government Code, is amended to
 1-7     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
 2-1     offender treatment or counseling as specified by the parole officer
 2-2     supervising the releasee after release.
 2-3           SECTION 2. Section 13B(a), Article 42.12, Code of Criminal
 2-4     Procedure, is amended to read as follows:
 2-5           (a)  If a judge grants community supervision to a defendant
 2-6     described by Subsection (b) and the judge determines that a child
 2-7     as defined by Section 22.011(c), Penal Code, was the victim of the
 2-8     offense, the judge shall establish a child safety zone applicable
 2-9     to the defendant by requiring as a condition of community
2-10     supervision that the defendant:
2-11                 (1)  not:
2-12                       (A)  supervise or participate in any program that
2-13     includes as participants or recipients persons who are 17 years of
2-14     age or younger and that regularly provides athletic, civic, or
2-15     cultural activities; or
2-16                       (B)  go in, on, or within 1,000 feet [a distance
2-17     specified by the judge] of a premises where children commonly
2-18     gather, including a school, day-care facility, playground, public
2-19     or private youth center, public swimming pool, or video arcade
2-20     facility; and
2-21                 (2)  attend psychological counseling sessions for sex
2-22     offenders with an individual or organization which provides sex
2-23     offender treatment or counseling as specified by or approved by the
2-24     judge or the community supervision and corrections department
2-25     officer supervising the defendant.
2-26           SECTION 3. (a)  This Act takes effect September 1, 2001, and,
2-27     except as provided by Subsection (b) of this section, applies only
 3-1     to a person  placed on community supervision or released on parole
 3-2     or mandatory supervision on or after that date.        
 3-3           (b)  A court, or a parole panel as appropriate, on or after
 3-4     September 1, 2001, may modify a condition of community supervision,
 3-5     parole, or mandatory supervision to require that a person who
 3-6     before that date was placed on community supervision or released on
 3-7     parole or mandatory supervision maintain a distance of 1,000 feet
 3-8     of a premises where children commonly gather.