Bill Text: TX HB1064 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to prohibiting certain sex offenders from working or residing within or otherwise going in, on, or within a certain distance of premises where children commonly gather; providing a penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB1064 Detail]

Download: Texas-2015-HB1064-Introduced.html

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84R38 AJZ-D
By: Sheffield H.B. No. 1064

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain sex offenders from working or
residing within or otherwise going in, on, or within a certain
distance of premises where children commonly gather; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13B, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsections (a) and (i) and
adding Subsections (j) and (k) 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 require [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) work or reside within or go in, on, or within
[1,000 feet of] a child safety zone, as defined by Article 62.001
[premises where children commonly gather, including a school,
day-care facility, playground, public or private youth center,
public swimming pool, 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.
(i) Notwithstanding Subsection (a)(1)(B), a requirement
that a defendant not work or reside within or go in, on, or within a
child safety zone [1,000 feet of certain premises] does not apply to
a defendant while the defendant is in or going immediately to or
from a:
(1) community supervision and corrections department
office;
(2) premises at which the defendant is participating
in a program or activity required as a condition of community
supervision;
(3) residential facility in which the defendant is
required to reside as a condition of community supervision, if the
facility was in operation as a residence for defendants on
community supervision on June 1, 2003; or
(4) private residence at which the defendant is
required to reside as a condition of community supervision.
(j) Notwithstanding Subsection (a)(1)(B), a defendant to
whom this article applies who resides within a child safety zone may
remain at the defendant's residence if:
(1) the defendant resided at the residence on
September 1, 2015; or
(2) the defendant is residing at the residence at the
time that a child safety zone is established for or extended to an
area that contains the residence.
(k) Subsections (e) and (f) do not apply to a defendant who
is required to register under Chapter 62 because of one or more
reportable convictions or adjudications for a sexually violent
offense involving a victim younger than 17 years of age.
SECTION 2. Article 62.001, Code of Criminal Procedure, is
amended by adding Subdivisions (13) and (14) to read as follows:
(13) "Child safety zone" means any area located within
1,000 feet from the nearest property line of a premises where
children commonly gather, including:
(A) a public or private school;
(B) a day-care or other child-care facility;
(C) a playground;
(D) a public or private youth center;
(E) a public or private youth soccer, football,
or baseball field;
(F) a crisis center or shelter;
(G) a skate park or skating rink;
(H) a movie theater;
(I) a bowling alley;
(J) a Boy Scout or Girl Scout facility;
(K) a location that regularly provides athletic,
civic, or cultural activities that include as participants persons
who are 17 years of age or younger;
(L) a child protective services facility;
(M) an indoor or outdoor amusement center or
amusement park;
(N) a carnival, circus, or fair;
(O) a public, commercial, or semiprivate
swimming pool;
(P) a public park;
(Q) a public library; or
(R) an amusement or video arcade facility.
(14) For purposes of Subdivision (13), "playground,"
"premises," "school," "video arcade facility," and "youth center"
have the meanings assigned by Section 481.134, Health and Safety
Code.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.064 to read as follows:
Art. 62.064. PROHIBITED LOCATIONS. (a) This article
applies only to a person who:
(1) is required to register under this chapter because
of one or more reportable convictions or adjudications for a
sexually violent offense involving a victim younger than 17 years
of age; and
(2) is not enrolled as a student at a public or private
primary or secondary school.
(b) A person described by Subsection (a) may not work or
reside within or go in, on, or within a child safety zone.
(c) Notwithstanding Subsection (b), a requirement that a
person not work or reside within or go in, on, or within a child
safety zone does not apply to a person on community supervision
while that person is in or going immediately to or from a:
(1) community supervision and corrections department
office;
(2) premises at which the person is participating in a
program or activity required as a condition of community
supervision;
(3) residential facility in which the person is
required to reside as a condition of community supervision, if the
facility was in operation as a residence for persons on community
supervision on June 1, 2003; or
(4) private residence at which the person is required
to reside as a condition of community supervision.
(d) Notwithstanding Subsection (b), a person to whom this
article applies who resides within a child safety zone may remain at
the person's residence if:
(1) the person resided at the residence on September
1, 2015; or
(2) the person is residing at the residence at the time
that the child safety zone is established for or extended to an area
that contains the residence.
SECTION 4. Article 62.102, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) An offense under this article is:
(1) except as provided by Subsection (b-1), a state
jail felony if the actor is a person whose duty to register expires
under Article 62.101(b) or (c);
(2) a felony of the third degree if the actor is a
person whose duty to register expires under Article 62.101(a) and
who is required to verify registration once each year under Article
62.058; and
(3) a felony of the second degree if the actor is a
person whose duty to register expires under Article 62.101(a) and
who is required to verify registration once each 90-day period
under Article 62.058.
(b-1) An offense under this article is a felony of the third
degree if the requirement with which the actor fails to comply is
the requirement described by Article 62.064.
SECTION 5. Section 508.187, Government Code, is amended by
amending Subsection (b) and adding Subsections (g) and (h) to read
as follows:
(b) If a [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, the panel shall require [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) work or reside within or go in, on, or within
a child safety zone, as defined by Article 62.001, Code of Criminal
Procedure [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,
or video arcade facility]; 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.
(g) Notwithstanding Subsection (b)(1)(B), a releasee to
whom this section applies who resides within a child safety zone may
remain at the releasee's residence if:
(1) the releasee resided at the residence on September
1, 2015; or
(2) the releasee is residing at the residence at the
time that a child safety zone is established for or extended to an
area that contains the residence.
(h) Subsections (d) and (e) do not apply to a releasee who is
required to register under Chapter 62, Code of Criminal Procedure,
because of one or more reportable convictions or adjudications for
a sexually violent offense involving a victim younger than 17 years
of age.
SECTION 6. (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 working or residing within the child safety zone
defined by Article 62.001(13), Code of Criminal Procedure, as added
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 7. The following are repealed:
(1) Section 13B(h), Article 42.12, Code of Criminal
Procedure; and
(2) Section 508.187(f), Government Code.
SECTION 8. This Act takes effect September 1, 2015.