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78R3050 GWK-D
By: Farrar, Noriega, Moreno of Harris H.B. No. 476
A BILL TO BE ENTITLED
AN ACT
relating to requiring as a condition of release on parole,
mandatory supervision, or community supervision that sex offenders
not reside in proximity with other sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (i) to read as follows:
(i) In addition to requiring the conditions described by
Subsection (e), a judge granting community supervision to a
defendant required to register as a sex offender under Chapter 62
shall prohibit the defendant from residing in the same dwelling,
mobile home park, apartment complex, or other lodging as another
person the defendant knows is required to register as a sex offender
under Chapter 62, without the express, written permission of the
community supervision and corrections department officer
supervising the defendant. For the purposes of this subsection, a
defendant is presumed to know another person is required to
register as a sex offender if the community supervision and
corrections department officer supervising the defendant notifies
the defendant of that fact. In this subsection:
(1) "Apartment complex" means two or more dwellings in
one or more buildings that are owned by the same owner, located on
the same lot or tract, and managed by the same owner, agent, or
management company.
(2) "Mobile home park" means a place, divided into
sites, at which the primary business is the rental or leasing of the
sites to persons for use in occupying mobile homes as dwellings.
SECTION 2. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.1861 to read as follows:
Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to
requiring the conditions described by Section 508.186, a parole
panel shall require as a condition of parole or mandatory
supervision that a releasee required to register as a sex offender
under Chapter 62 not reside in the same dwelling, mobile home park,
apartment complex, or other lodging as another person the releasee
knows is required to register as a sex offender under Chapter 62,
without the express, written permission of the parole officer
supervising the releasee. For the purposes of this section, a
releasee is presumed to know another person is required to register
as a sex offender if the parole officer supervising the defendant
notifies the defendant of that fact.
(b) In this section:
(1) "Apartment complex" means two or more dwellings in
one or more buildings that are owned by the same owner, located on
the same lot or tract, and managed by the same owner, agent, or
management company.
(2) "Mobile home park" means a place, divided into
sites, at which the primary business is the rental or leasing of the
sites to persons for use in occupying mobile homes as dwellings.
SECTION 3. If conditions of community supervision or
release on parole or mandatory supervision imposed before the
effective date of this Act do not prohibit a sex offender under the
supervision of the court or a parole panel from residing in
proximity to another registered sex offender, the court or parole
panel, as appropriate, shall modify the conditions of supervision
or parole as applicable to impose that prohibition.
SECTION 4. This Act takes effect September 1, 2003.
COMMITTEE AMENDMENT NO. 1
Amend H.B. No. 476 as follows:
(1) On page 1, lines 14-16, strike ", without the express,
written permission of the community supervision and corrections
department officer supervising the defendant" and substitute ",
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".
78R10299 GWK-D Garza