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.