H.B. 476 78(R)    BILL ANALYSIS


H.B. 476
By: Farrar
Law Enforcement
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, conditions of release for sex offenders are not
required to forbid them from living with one another.  This has led to the
ad hoc creation of unofficial "sex offender halfway houses," residences
shared by multiple sex offenders.  Although these residences pose unique
risks to the communities in which they are located, they are not regulated
as halfway houses.  House Bill 476 gives discretion as to whether living
with other sex offenders is an appropriate living arrangement for the
particular offender to his or her supervising officer. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. House Bill 476 amends the Code of Criminal Procedure to require
a judge granting community supervision to a sex offender to prohibit the
offender from residing with another person he or she knows is also a sex
offender without express written consent from his or her supervising
officer. 

SECTION 2.  House Bill 476 amends the Government Code to require a parole
panel, when setting conditions of parole or mandatory supervision, to
prohibit a sex offender from residing with another person he or she knows
is also a sex offender without express written consent from his or her
supervising officer. 

SECTION 3.  House Bill 476 provides that this Act is retroactive.  If
conditions of release imposed before the effective date of this Act do not
prohibit a sex offender from residing with other sex offenders without the
consent of his or her supervising officer, the court or parole panel is
required to modify the conditions of release to impose that prohibition as
necessary. 


EFFECTIVE DATE

This Act takes effect September 1, 2003.  


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 amends the Code of Criminal Procedure by
providing that a person required to register as a sex offender under
Chapter 62, Code of Criminal Procedure, is prohibited from residing with
another sex offender without a recommendation to the judge by the
community supervision and corrections department officer supervising the
defendant and the express, written approval of the recommendation by the
judge.