1-1 By: Barrientos S.B. No. 107
1-2 (In the Senate - Filed November 14, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 12, 2001, reported favorably by the following vote: Yeas 4,
1-5 Nays 2; March 12, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to requiring sex offenders released on community
1-9 supervision, parole, or mandatory supervision to maintain a certain
1-10 distance from any premises where children frequently gather.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (b), Section 508.187, Government Code,
1-13 is amended to read as follows:
1-14 (b) A parole panel shall establish a child safety zone
1-15 applicable to a releasee if the panel determines that a child as
1-16 defined by Section 22.011(c), Penal Code, was the victim of the
1-17 offense, by requiring as a condition of parole or mandatory
1-18 supervision that the releasee:
1-19 (1) not:
1-20 (A) supervise or participate in any program that
1-21 includes as participants or recipients persons who are 17 years of
1-22 age or younger and that regularly provides athletic, civic, or
1-23 cultural activities; or
1-24 (B) go in, on, or within 1,000 feet [a distance
1-25 specified by the panel] of premises where children commonly gather,
1-26 including a school, day-care facility, playground, public or
1-27 private youth center, public swimming pool, or video arcade
1-28 facility; and
1-29 (2) attend psychological counseling sessions for sex
1-30 offenders with an individual or organization that provides sex
1-31 offender treatment or counseling as specified by the parole officer
1-32 supervising the releasee after release.
1-33 SECTION 2. Subsection (a), Section 13B, Article 42.12, Code
1-34 of Criminal Procedure, is amended to read as follows:
1-35 (a) If a judge grants community supervision to a defendant
1-36 described by Subsection (b) and the judge determines that a child
1-37 as defined by Section 22.011(c), Penal Code, was the victim of the
1-38 offense, the judge shall establish a child safety zone applicable
1-39 to the defendant by requiring as a condition of community
1-40 supervision that the defendant:
1-41 (1) not:
1-42 (A) supervise or participate in any program that
1-43 includes as participants or recipients persons who are 17 years of
1-44 age or younger and that regularly provides athletic, civic, or
1-45 cultural activities; or
1-46 (B) go in, on, or within 1,000 feet [a distance
1-47 specified by the judge] of a premises where children commonly
1-48 gather, including a school, day-care facility, playground, public
1-49 or private youth center, public swimming pool, or video arcade
1-50 facility; and
1-51 (2) attend psychological counseling sessions for sex
1-52 offenders with an individual or organization which provides sex
1-53 offender treatment or counseling as specified by or approved by the
1-54 judge or the community supervision and corrections department
1-55 officer supervising the defendant.
1-56 SECTION 3. (a) This Act takes effect September 1, 2001,
1-57 and, except as provided by Subsection (b) of this section, applies
1-58 only to a person placed on community supervision or released on
1-59 parole or mandatory supervision on or after that date.
1-60 (b) A court, or a parole panel as appropriate, on or after
1-61 September 1, 2001, may modify a condition of community supervision,
1-62 parole, or mandatory supervision to require that a person who
1-63 before that date was placed on community supervision or released on
1-64 parole or mandatory supervision maintain a distance of 1,000 feet
2-1 of a premises where children commonly gather.
2-2 * * * * *