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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a defense to revocation of parole, mandatory |
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supervision, or community supervision for a person who travels |
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through a child safety zone. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (c-1) to read as |
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follows: |
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(c-1) In a hearing under this section at which it is alleged |
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only that, in violation of Section 13B(a), a defendant went within |
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1,000 feet of a premises where children commonly gather, it is an |
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affirmative defense to revocation that the defendant was within |
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that distance only while traveling directly en route between |
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locations the defendant was not prohibited from visiting. The |
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defendant must prove the affirmative defense by a preponderance of |
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the evidence. |
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SECTION 2. Section 508.281, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) In a hearing under this section at which it is alleged |
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only that, in violation of Section 508.187(b) or 508.225(a), a |
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releasee went within a distance specified by a parole panel of a |
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premises where children commonly gather, it is an affirmative |
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defense to revocation that the releasee was within that distance |
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only while traveling directly en route between locations the |
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releasee was not prohibited from visiting. The releasee must prove |
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the affirmative defense by a preponderance of the evidence. |
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SECTION 3. The change in law made by this Act applies to a |
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person on parole, mandatory supervision, or community supervision |
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on or after the effective date of this Act, regardless of whether |
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the person was released on parole or to mandatory supervision or |
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placed on community supervision before, on, or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |