78R9474 GWK-D


By:  Farrar, Allen, et al.                                        H.B. No. 477

Substitute the following for H.B. No. 477:                                    

By:  Allen                                                    C.S.H.B. No. 477



A BILL TO BE ENTITLED

AN ACT

relating to requiring sex offenders released on community 
supervision, parole, or mandatory supervision to maintain a certain 
distance from any premises where children frequently gather.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 508.187(b), Government Code, is amended 
to read as follows:
	(b)  A parole panel shall establish a child safety zone 
applicable to a releasee if the panel determines that a child as 
defined by Section 22.011(c), Penal Code, was the victim of the 
offense, by requiring as a condition of parole or mandatory 
supervision that the releasee:
		(1)  not:                                                                     
			(A)  supervise or participate in any program that 
includes as participants or recipients persons who are 17 years of 
age or younger and that regularly provides athletic, civic, or 
cultural activities; or
			(B)  go in, on, or within 1,000 feet [a distance 
specified by the panel] of premises where children commonly gather, 
including a school, day-care facility, playground, public or 
private youth center, public swimming pool, or video arcade 
facility; and
		(2)  attend for a period of time determined necessary 
by the panel psychological counseling sessions for sex offenders 
with an individual or organization that provides sex offender 
treatment or counseling as specified by the parole officer 
supervising the releasee after release.
	SECTION 2.  Section 508.187, Government Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  Notwithstanding Subsection (b)(1)(B), a parole panel 
requirement that a releasee not go in, on, or within 1,000 feet of 
certain premises does not apply to a releasee while the releasee is 
in or going immediately to or from a:
		(1)  parole office;                                                    
		(2)  premises at which the releasee is participating in 
a program or activity:
			(A)  required as a condition of release; or                           
			(B)  permitted or not prohibited as a condition of 
release;         
		(3)  halfway house or community residential facility in 
which the releasee is required to reside as a condition of release, 
if the halfway house or facility was in operation as a residence for 
releasees on June 1, 2003; or
		(4)  private residence in which the releasee is 
required to reside as a condition of release.
	SECTION 3.  Section 13B(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)  If a judge grants community supervision to a defendant 
described by Subsection (b) and the judge determines that a child as 
defined by Section 22.011(c), Penal Code, was the victim of the 
offense, the judge shall establish a child safety zone applicable 
to the defendant by requiring as a condition of community 
supervision that the defendant:
		(1)  not:                                                                     
			(A)  supervise or participate in any program that 
includes as participants or recipients persons who are 17 years of 
age or younger and that regularly provides athletic, civic, or 
cultural activities; or
			(B)  go in, on, or within 1,000 feet [a distance 
specified by the judge] of a premises where children commonly 
gather, including a school, day-care facility, playground, public 
or private youth center, public swimming pool, or video arcade 
facility; and
		(2)  attend psychological counseling sessions for sex 
offenders with an individual or organization which provides sex 
offender treatment or counseling as specified by or approved by the 
judge or the community supervision and corrections department 
officer supervising the defendant.
	SECTION 4.  Section 13B, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (i) to read as follows:
	(i)  Notwithstanding Subsection (a)(1)(B), a requirement 
that a defendant not go in, on, or within 1,000 feet of certain 
premises does not apply to a defendant while the defendant is in or 
going immediately to or from a:
		(1)  community supervision and corrections department 
office;        
		(2)  premises at which the defendant is participating 
in a program or activity:
			(A)  required as a condition of community 
supervision; or           
			(B)  permitted or not prohibited as a condition of 
community supervision;
		(3)  residential facility in which the defendant is 
required to reside as a condition of community supervision, if the 
facility was in operation as a residence for defendants on 
community supervision on June 1, 2003; or
		(4)  private residence at which the defendant is 
required to reside as a condition of community supervision.
	SECTION 5.  (a)  This Act takes effect September 1, 2003, 
and, 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)  A court or a parole panel, as appropriate, on or after 
September 1, 2003, may 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 a distance of 1,000 feet 
of a premises where children commonly gather.