S.B. 97 78(R)    BILL ANALYSIS


S.B. 97
By: Barrientos
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, if a parole panel determines that a child under 17
years of age was the victim 
of a sex crime, a parole panel is required to establish a child safety
zone as a condition of parole 
or mandatory supervision of the sex offender that committed the crime. If
a defendant accused of 
a sex crime with a child is under community supervision, the distance of
the child safety zone is 
specified by the trial judge. However, there are no provisions specifying
a minimum distance 
requirement. As proposed, S.B. 97 requires that certain sex offenders
maintain a minimum 
distance of 1,000 feet from schools, day care facilities, playgrounds, and
youth centers, and other 
such places 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

SECTION 1. Amends Section 508.187(b), Government Code, to prohibit sex
offenders released on community supervision, parole, or mandatory
supervision from going in, on, or within "1,000 feet" rather than "a
distance specified by the parole panel" of premises where children
commonly gather. 

SECTION 2. Amends Section 508.187, Government Code, by adding Subsection
(g) to set forth 
four exemptions to the prohibition restricting a releasee from going in,
on, or within 1,000 feet of 
premises where children commonly gather.

SECTION 3. Amends Section 13B(a), Article 42.12, Code of Criminal
Procedure, to make a 
conforming change.

SECTION 4. Amends 13B, Article 42.12, Code of Criminal Procedure, by
adding Subsection (i) 
to set forth four exemptions to the prohibition restricting a releasee
from going in, on, or within 
1,000 feet of premises where children commonly gather.

SECTION 5. (a) Effective date: September 1, 2003, and provides that except
as provided by 
Subsection (b) of this section, applies only to a person placed on
community supervision or 
released on parole or mandatory supervision on or after that date.

(b) Authorizes a court or a parole panel, as appropriate, on or after
September 1, 2003 to 
modify a condition of community supervision, parole, or mandatory
supervision to 
require that a person who before that date was placed on community
supervision or 
released on parole or mandatory supervision maintain distance of 1,000
feet of a 
premises where children commonly gather.

EFFECTIVE DATE

September 1, 2003