| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to conditions of community supervision, release on parole, |
|
|
or release to mandatory supervision that restrict the proximity of |
|
|
a sex offender's residence to another sex offender's residence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 11, Article 42.12, Code of Criminal |
|
|
Procedure, is amended by adding Subsection (j) to read as follows: |
|
|
(j)(1) In addition to requiring the conditions described by |
|
|
Subsection (e) and, if applicable, Section 13B, a judge granting |
|
|
community supervision to a defendant required to register as a sex |
|
|
offender under Chapter 62 shall prohibit the defendant, without the |
|
|
express, written permission of the community supervision and |
|
|
corrections department officer supervising the defendant, from |
|
|
residing in any dwelling, manufactured home community, apartment |
|
|
complex, or other lodging in which the defendant knows that another |
|
|
person required to register as a sex offender under Chapter 62 also |
|
|
resides. |
|
|
(2) For the purposes of this subsection, a defendant |
|
|
is presumed to know that another person required to register as a |
|
|
sex offender under Chapter 62 resides in a dwelling, manufactured |
|
|
home community, apartment complex, or other lodging if the |
|
|
community supervision and corrections department officer |
|
|
supervising the defendant notifies the defendant of that fact. |
|
|
(3) Notwithstanding Subdivision (1), a prohibition |
|
|
regarding the defendant's residence under that subdivision does not |
|
|
apply to a residential facility or private residence where the |
|
|
defendant is required by the judge to reside as a condition of |
|
|
community supervision. |
|
|
(4) In this subsection: |
|
|
(A) "Apartment complex" means one or more |
|
|
buildings, any of which contains two or more dwellings, that are |
|
|
owned by the same owner, located on the same lot or tract, and |
|
|
managed by the same owner, agent, or management company. |
|
|
(B) "Manufactured home community" means a place, |
|
|
divided into sites, at which the primary business is the rental or |
|
|
leasing of the sites to persons for use in occupying manufactured |
|
|
homes as dwellings. |
|
|
SECTION 2. Subchapter F, Chapter 508, Government Code, is |
|
|
amended by adding Section 508.1861 to read as follows: |
|
|
Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to |
|
|
requiring the conditions described by Section 508.186 and, if |
|
|
applicable, Section 508.187, a parole panel shall require as a |
|
|
condition of parole or mandatory supervision that, without the |
|
|
express, written permission of the parole officer supervising the |
|
|
releasee, a releasee required to register as a sex offender under |
|
|
Chapter 62, Code of Criminal Procedure, not reside in any dwelling, |
|
|
manufactured home community, apartment complex, or other lodging in |
|
|
which the releasee knows that another person required to register |
|
|
as a sex offender under Chapter 62, Code of Criminal Procedure, also |
|
|
resides. |
|
|
(b) For the purposes of this section, a releasee is presumed |
|
|
to know that another person required to register as a sex offender |
|
|
under Chapter 62, Code of Criminal Procedure, resides in a |
|
|
dwelling, manufactured home community, apartment complex, or other |
|
|
lodging if the parole officer supervising the releasee notifies the |
|
|
releasee of that fact. |
|
|
(c) Notwithstanding Subsection (a), a requirement regarding |
|
|
the releasee's residence under that subsection does not apply to a |
|
|
residential facility or private residence where the releasee is |
|
|
required by the parole panel to reside as a condition of parole or |
|
|
mandatory supervision. |
|
|
(d) In this section: |
|
|
(1) "Apartment complex" means one or more buildings, |
|
|
any of which contains two or more dwellings, that are owned by the |
|
|
same owner, located on the same lot or tract, and managed by the |
|
|
same owner, agent, or management company. |
|
|
(2) "Manufactured home community" means a place, |
|
|
divided into sites, at which the primary business is the rental or |
|
|
leasing of the sites to persons for use in occupying manufactured |
|
|
homes as dwellings. |
|
|
SECTION 3. (a) If conditions of community supervision or |
|
|
release on parole or to mandatory supervision imposed before the |
|
|
effective date of this Act do not prohibit a sex offender under the |
|
|
supervision of the court or a parole panel from residing in |
|
|
proximity to another registered sex offender, the court or parole |
|
|
panel, as appropriate, shall modify the conditions of supervision |
|
|
or parole as applicable to impose those prohibitions. |
|
|
(b) The change in law made by this Act applies to a person |
|
|
subject to registration under Chapter 62, Code of Criminal |
|
|
Procedure, for an offense or conduct that was committed before, on, |
|
|
or after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |