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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 or |
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working within or otherwise approaching certain premises where |
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children commonly gather; providing a penalty. |
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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) work or reside within or go in, on, or within |
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1,000 feet of a premises where children commonly gather, including |
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a 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; 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. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.065 to read as follows: |
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Art. 62.065. PROHIBITED LOCATIONS. (a) This article |
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applies only to a person who is: |
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(1) required to register under this chapter because of |
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one or more reportable convictions or adjudications; and |
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(2) not enrolled as a student at a public or private |
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primary or secondary school. |
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(b) A person described by Subsection (a) may not work or |
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reside within or go in, on, or within 1,000 feet of a premises |
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described by Section 13B(a)(1)(B), Article 42.12. |
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SECTION 3. Article 62.102, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) An offense under this article is: |
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(1) except as provided by Subsection (b-1), a state |
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jail felony if the actor is a person whose duty to register expires |
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under Article 62.101(b) or (c); |
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(2) a felony of the third degree if the actor is a |
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person whose duty to register expires under Article 62.101(a) and |
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who is required to verify registration once each year under Article |
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62.058; and |
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(3) a felony of the second degree if the actor is a |
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person whose duty to register expires under Article 62.101(a) and |
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who is required to verify registration once each 90-day period |
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under Article 62.058. |
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(b-1) An offense under this article is a felony of the third |
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degree if the requirement with which the actor fails to comply is |
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the requirement described by Article 62.065. |
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SECTION 4. 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) work or reside within or go in, on, or within |
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a distance specified by the panel of premises where children |
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commonly gather, including a school, day-care facility, |
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playground, public or private youth center, public swimming pool, |
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public park, or video arcade facility; 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 5. (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 changes in law made by this Act in amending Section |
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13B(a), Article 42.12, Code of Criminal Procedure, and Section |
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508.187(b), Government Code, apply to a person who is placed on |
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community supervision or released on parole or mandatory |
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supervision before, on, or after the effective date of this Act. |
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(c) The changes in law made by this Act in amending Chapter |
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62, Code of Criminal Procedure, apply to a person who is subject to |
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registration under Chapter 62, Code of Criminal Procedure, on or |
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after the effective date of this Act, regardless of whether the |
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applicable offense or conduct occurs before, on, or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2007. |