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A BILL TO BE ENTITLED
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AN ACT
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relating to mandatory conditions of community supervision for a |
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person placed on community supervision for certain sexual offenses |
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committed against a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13B(a), (b), and (d), Article 42.12, |
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Code of Criminal Procedure, are 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, or video arcade facility; or |
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(C) apply for or hold an educator certificate; |
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[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; and |
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(3) surrender to the State Board for Educator |
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Certification any educator certificate held by the defendant. |
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(b) This section applies to a defendant placed on community |
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supervision for an offense: |
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(1) under Section 43.25 or 43.26, Penal Code; |
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(2) under Section 21.08, 21.11, 21.12, 22.011, 22.021, |
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or 25.02, Penal Code; |
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(3) under Section 20.04(a)(4), Penal Code, if the |
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defendant committed the offense with the intent to violate or abuse |
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the victim sexually; or |
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(4) under Section 30.02, Penal Code, punishable under |
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Subsection (d) of that section, if the defendant committed the |
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offense with the intent to commit a felony listed in Subdivision (2) |
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or (3) of this subsection. |
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(d) Notwithstanding Subsection (a) [(a)(1)], a judge is not |
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required to impose the conditions described by: |
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(1) Subsection (a)(1), if the defendant is a student |
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at a primary or secondary school; or |
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(2) Subsection (a)(1) or (2), if the defendant has |
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been placed on community supervision for an offense under Section |
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21.12, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |