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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain sex offenders from residing within |
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a child safety zone. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13B(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) If a judge grants community supervision to a defendant |
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described by Subsection (b) and the judge determines that a child as |
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defined by Section 22.011(c), Penal Code, was the victim of the |
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offense, the judge shall establish a child safety zone applicable |
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to the defendant by requiring as a condition of community |
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supervision that the defendant: |
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(1) not: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; [or] |
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(B) go in, on, or within 1,000 feet of a premises |
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where children commonly gather, including a school, day-care |
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facility, playground, public or private youth center, public |
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swimming pool, public park, or video arcade facility; or |
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(C) reside within 2,000 feet of a premises |
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described by Paragraph (B), as measured in a straight line from the |
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nearest property line of the residence to the premises; and |
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(2) attend psychological counseling sessions for sex |
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offenders with an individual or organization which provides sex |
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offender treatment or counseling as specified by or approved by the |
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judge or the community supervision and corrections department |
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officer supervising the defendant. |
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SECTION 2. Section 508.187(b), Government Code, is amended |
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to read as follows: |
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(b) A parole panel shall establish a child safety zone |
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applicable to a releasee if the panel determines that a child as |
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defined by Section 22.011(c), Penal Code, was the victim of the |
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offense, by requiring as a condition of parole or mandatory |
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supervision that the releasee: |
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(1) not: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; [or] |
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(B) go in, on, or within a distance specified by |
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the panel of premises where children commonly gather, including a |
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school, day-care facility, playground, public or private youth |
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center, public swimming pool, public park, or video arcade |
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facility; or |
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(C) reside within 2,000 feet of a premises |
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described by Paragraph (B), as measured in a straight line from the |
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nearest property line of the residence to the premises; and |
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(2) attend for a period of time determined necessary |
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by the panel psychological counseling sessions for sex offenders |
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with an individual or organization that provides sex offender |
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treatment or counseling as specified by the parole officer |
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supervising the releasee after release. |
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SECTION 3. (a) If conditions of community supervision or |
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release on parole or mandatory supervision imposed before the |
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effective date of this Act do not prohibit a defendant described by |
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Section 13B(b), Article 42.12, Code of Criminal Procedure, or a |
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releasee described by Section 508.187(a), Government Code, as |
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applicable, from residing within the child safety zone established |
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by this Act, the court or parole panel, as appropriate, shall modify |
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the conditions of supervision or parole as applicable to impose |
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those prohibitions. |
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(b) The change in law made by this Act applies to a person |
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who is placed on community supervision or released on parole or |
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mandatory supervision before, on, or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |