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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring as a condition of release on parole, |
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mandatory supervision, or community supervision that sex offenders |
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not reside in proximity with other sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (j) to read as follows: |
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(j) In addition to requiring the conditions described by |
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Subsection (e), a judge granting community supervision to a |
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defendant required to register as a sex offender under Chapter 62 |
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shall prohibit the defendant from residing in the same dwelling, |
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mobile home park, apartment complex, or other lodging as another |
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person the defendant knows is required to register as a sex offender |
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under that chapter, without the express, written permission of the |
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community supervision and corrections department officer |
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supervising the defendant. For the purposes of this subsection, a |
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defendant is presumed to know another person is required to |
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register as a sex offender under Chapter 62 if the community |
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supervision and corrections department officer supervising the |
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defendant notifies the defendant of that fact. In this subsection: |
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(1) "Apartment complex" means two or more dwellings in |
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one or more buildings that are owned by the same owner, located on |
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the same lot or tract, and managed by the same owner, agent, or |
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management company. |
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(2) "Mobile home park" means a place, divided into |
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sites, at which the primary business is the rental or leasing of the |
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sites to persons for use in occupying mobile homes as dwellings. |
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SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.1861 to read as follows: |
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Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to |
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requiring the conditions described by Section 508.186, a parole |
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panel shall require as a condition of parole or mandatory |
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supervision that a releasee required to register as a sex offender |
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under Chapter 62, Code of Criminal Procedure, not reside in the same |
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dwelling, mobile home park, apartment complex, or other lodging as |
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another person the releasee knows is required to register as a sex |
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offender under that chapter, without the express, written |
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permission of the parole officer supervising the releasee. For the |
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purposes of this section, a releasee is presumed to know another |
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person is required to register as a sex offender under Chapter 62, |
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Code of Criminal Procedure, if the parole officer supervising the |
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defendant notifies the defendant of that fact. |
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(b) In this section: |
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(1) "Apartment complex" means two or more dwellings in |
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one or more buildings that are owned by the same owner, located on |
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the same lot or tract, and managed by the same owner, agent, or |
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management company. |
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(2) "Mobile home park" means a place, divided into |
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sites, at which the primary business is the rental or leasing of the |
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sites to persons for use in occupying mobile homes as dwellings. |
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SECTION 3. 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 sex offender under the |
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supervision of the court or a parole panel from residing in |
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proximity to another registered sex offender, the court or parole |
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panel, as appropriate, shall modify the conditions of supervision |
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or parole as applicable to impose that prohibition. |
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SECTION 4. This Act takes effect September 1, 2007. |