Amend SB 1054 (house committee report) as follows:
(1) In SECTION 6 of the bill (page 4, line 3), strike "The"
and substitute "Except as provided by Section _____ of this Act,
the".
(2) Add the following appropriately numbered SECTIONS to the
bill and renumber existing SECTIONS of the bill accordingly:
SECTION _____. Subsection (a), Section 13B, Article 42.12,
Code of Criminal Procedure, is amended to read as follows:
(a) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:
(1) not:
(A) supervise or participate in any program that
includes as participants or recipients persons who are 17 years of
age or younger and that regularly provides athletic, civic, or
cultural activities; or
(B) go in, on, or within 1,000 feet [a distance
specified by the judge] of a premises where children commonly
gather, including a school, day-care facility, playground, public
or private youth center, public swimming pool, or video arcade
facility; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization which provides sex
offender treatment or counseling as specified by or approved by the
judge or the community supervision and corrections department
officer supervising the defendant.
SECTION _____. Section 13B, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (i) to read as follows:
(i) Notwithstanding Subsection (a)(1)(B), a requirement
that a defendant not go in, on, or within 1,000 feet of certain
premises does not apply to a defendant while the defendant is in or
going immediately to or from a:
(1) community supervision and corrections department
office;
(2) premises at which the defendant is participating in
a program or activity required as a condition of community
supervision;
(3) residential facility in which the defendant is
required to reside as a condition of community supervision, if the
facility was in operation as a residence for defendants on
community supervision on June 1, 2003; or
(4) private residence at which the defendant is
required to reside as a condition of community supervision.
SECTION _____. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act in amending Section
13B, Article 42.12, Code of Criminal Procedure, applies only to a
person placed on community supervision on or after the effective
date of this Act.
(b) On or after the effective date of this Act, a court may
modify a condition of community supervision to require that a
person who before that date was placed on community supervision
maintain a distance of 1,000 feet from a premises where children
commonly gather.