| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the proximity of certain sex offenders' residences to |
|
|
premises where children commonly gather. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 62, Code of Criminal |
|
|
Procedure, is amended by adding Article 62.065 to read as follows: |
|
|
Art. 62.065. PROHIBITED LOCATIONS OF RESIDENCE. (a) |
|
|
Except as provided by Subsection (b), this article applies only to a |
|
|
person who is required to register under this chapter because of one |
|
|
or more reportable convictions or adjudications involving a victim |
|
|
younger than 17 years of age. |
|
|
(b) This article does not apply to a person who is eligible |
|
|
under Article 62.301 to petition the court for an order exempting |
|
|
the person from registration under this chapter, regardless of |
|
|
whether: |
|
|
(1) the person petitions the court; or |
|
|
(2) the court issues an order described by this |
|
|
subsection. |
|
|
(c) A person described by Subsection (a) may not reside |
|
|
within 1,000 feet of a premises described by Section 13B(a)(1)(B), |
|
|
Article 42.12. |
|
|
SECTION 2. Section 3(e), Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(e) A defendant is not eligible for community supervision |
|
|
under this section if the defendant: |
|
|
(1) is sentenced to a term of imprisonment that |
|
|
exceeds 10 years; [or] |
|
|
(2) is sentenced to serve a term of confinement under |
|
|
Section 12.35, Penal Code; or |
|
|
(3) is convicted of an offense under Article 62.102 |
|
|
that consists of a second or subsequent violation of Article |
|
|
62.065. |
|
|
SECTION 3. Section 4(d), Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(d) A defendant is not eligible for community supervision |
|
|
under this section if the defendant: |
|
|
(1) is sentenced to a term of imprisonment that |
|
|
exceeds 10 years; |
|
|
(2) is convicted of a state jail felony for which |
|
|
suspension of the imposition of the sentence occurs automatically |
|
|
under Section 15(a); |
|
|
(3) does not file a sworn motion under Subsection (e) |
|
|
of this section or for whom the jury does not enter in the verdict a |
|
|
finding that the information contained in the motion is true; [or] |
|
|
(4) is adjudged guilty of an offense for which |
|
|
punishment is increased under Section 481.134(c), (d), (e), or (f), |
|
|
Health and Safety Code, if it is shown that the defendant has been |
|
|
previously convicted of an offense for which punishment was |
|
|
increased under any one of those subsections; or |
|
|
(5) is convicted of an offense under Article 62.102 |
|
|
that consists of a second or subsequent violation of Article |
|
|
62.065. |
|
|
SECTION 4. Section 5(d), Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(d) In all other cases the judge may grant deferred |
|
|
adjudication unless: |
|
|
(1) the defendant is charged with an offense: |
|
|
(A) under Section 49.04, 49.05, 49.06, 49.07, or |
|
|
49.08, Penal Code; [or] |
|
|
(B) for which punishment may be increased under |
|
|
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
|
|
is shown that the defendant has been previously convicted of an |
|
|
offense for which punishment was increased under any one of those |
|
|
subsections; or |
|
|
(C) under Article 62.102 that consists of a |
|
|
second or subsequent violation of Article 62.065; or |
|
|
(2) the defendant: |
|
|
(A) is charged with an offense under Section |
|
|
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
|
|
victim, or a felony described by Section 13B(b) of this article; and |
|
|
(B) has previously been placed on community |
|
|
supervision for any offense under Paragraph (A) of this |
|
|
subdivision. |
|
|
SECTION 5. 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) reside within or go in, on, or within 1,000 |
|
|
feet of a premises where children commonly gather, including a |
|
|
school, day-care facility, playground, public or private youth |
|
|
center, public swimming pool, public park, 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 6. Section 508.145(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An inmate under sentence of death, [or] serving a |
|
|
sentence of life imprisonment without parole, or serving a sentence |
|
|
for an offense under Article 62.102, Code of Criminal Procedure, |
|
|
that consists of a second or subsequent violation of Article |
|
|
62.065, Code of Criminal Procedure, is not eligible for release on |
|
|
parole. |
|
|
SECTION 7. Section 508.149(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An inmate may not be released to mandatory supervision |
|
|
if the inmate is serving a sentence for or has been previously |
|
|
convicted of: |
|
|
(1) an offense for which the judgment contains an |
|
|
affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
|
|
Criminal Procedure; |
|
|
(2) a first degree felony or a second degree felony |
|
|
under Section 19.02, Penal Code; |
|
|
(3) a capital felony under Section 19.03, Penal Code; |
|
|
(4) a first degree felony or a second degree felony |
|
|
under Section 20.04, Penal Code; |
|
|
(5) a second degree felony or a third degree felony |
|
|
under Section 21.11, Penal Code; |
|
|
(6) a second degree felony under Section 22.011, Penal |
|
|
Code; |
|
|
(7) a first degree felony or a second degree felony |
|
|
under Section 22.02, Penal Code; |
|
|
(8) a first degree felony under Section 22.021, Penal |
|
|
Code; |
|
|
(9) a first degree felony under Section 22.04, Penal |
|
|
Code; |
|
|
(10) a first degree felony under Section 28.02, Penal |
|
|
Code; |
|
|
(11) a second degree felony under Section 29.02, Penal |
|
|
Code; |
|
|
(12) a first degree felony under Section 29.03, Penal |
|
|
Code; |
|
|
(13) a first degree felony under Section 30.02, Penal |
|
|
Code; [or] |
|
|
(14) a felony for which the punishment is increased |
|
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
|
or |
|
|
(15) an offense under Article 62.102, Code of Criminal |
|
|
Procedure, that consists of a second or subsequent violation of |
|
|
Article 62.065, Code of Criminal Procedure. |
|
|
SECTION 8. 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 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, public park, or video arcade |
|
|
facility; or |
|
|
(C) reside within 1,000 feet of a premises |
|
|
described by Paragraph (B); 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 9. (a) If conditions of community supervision or |
|
|
release on parole or mandatory supervision imposed before the |
|
|
effective date of this Act do not prohibit a defendant described by |
|
|
Section 13B(b), Article 42.12, Code of Criminal Procedure, or a |
|
|
releasee described by Section 508.187(a), Government Code, as |
|
|
applicable, from residing within the child safety zone established |
|
|
by this Act, the court or parole panel, as appropriate, shall modify |
|
|
the conditions of supervision or parole as applicable to impose |
|
|
those prohibitions. |
|
|
(b) The changes in law made by this Act in amending Section |
|
|
13B(a), Article 42.12, Code of Criminal Procedure, and Section |
|
|
508.187(b), Government Code, apply to a person who is placed on |
|
|
community supervision or released on parole or mandatory |
|
|
supervision before, on, or after the effective date of this Act. |
|
|
(c) The changes in law made by this Act in amending Chapter |
|
|
62, Code of Criminal Procedure, apply to a person who is subject to |
|
|
registration under Chapter 62, Code of Criminal Procedure, on or |
|
|
after the effective date of this Act, regardless of whether the |
|
|
applicable offense or conduct occurs before, on, or after the |
|
|
effective date of this Act. |
|
|
SECTION 10. This Act takes effect September 1, 2007. |