By: Barrientos, Shapleigh S.B. No. 97
(In the Senate - Filed November 12, 2002; January 27, 2003,
read first time and referred to Committee on Criminal Justice;
April 16, 2003, reported favorably by the following vote: Yeas 4,
Nays 0; April 16, 2003, sent to printer.)
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. Subsection (b), Section 508.187, 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 required 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. Subsection (a), Section 13B, 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 required 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
from a premises where children commonly gather.
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