SRC-TJG, VRA S.B. 97 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 97
78R1349 PEP-DBy: Barrientos
Criminal Justice
4/14/2003
As Filed


DIGEST 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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION 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.