C.S.H.B. 477 78(R)    BILL ANALYSIS


C.S.H.B. 477
By: Farrar
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, if the parole panel determines that a child under 17
years of age was the victim of a sex crime, the parole panel must
establish a child safety zone as a condition of parole or mandatory
supervision for the sex offender that committed the crime.   If the
defendant is under community supervision, the distance of the child safety
zone is specified by a judge.  C.S.H.B. 477 requires that a sex offender
released on community supervision, parole, or mandatory supervision be
prohibited from going within 1,000 feet of premises where children
commonly gather. 
 

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

CSHB 477 amends the Government Code and the Code of Criminal Procedure to
require sex offenders released on community supervision, mandatory
supervision, or parole to maintain a distance of at least 1,000 feet from
premises where children commonly gather, including a school, day-care
facility, playground, public or private youth center, public swimming
pool, or video arcade facility.   

CSHB 477 amends Section 508.187, Government Code, and Section 13B, Article
42.12, Code of Criminal Procedure, to allow exceptions for the releasee to
be in or going immediately to or from a parole office, a community
supervision and corrections department office, premises at which the
person is participating in a program or activity required as a condition
of release or permitted or not prohibited as a condition of release, a
halfway house or community residential facility, or a private residence in
which the releasee is required to reside as a condition of release. 


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by adding exceptions to allow a
releasee or defendant to be in or going immediately to or from a parole
office, a community supervision and corrections department office,
premises at which the person is participating in a program or activity
required as a condition of release or permitted or not prohibited as a
condition of release, a halfway house or community residential facility,
or a private residence in which the releasee is required to reside as a
condition of release.