Texas 2009 - 81st Regular

Texas House Bill HB816 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5132 HLT-D
2	2	By: Farrar H.B. No. 816
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conditions of community supervision, release on parole,
8	8	or release to mandatory supervision that restrict the proximity of
9	9	a sex offender's residence to another sex offender's residence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11, Article 42.12, Code of Criminal
12	12	Procedure, is amended by adding Subsection (j) to read as follows:
13	13	(j)(1) In addition to requiring the conditions described by
14	14	Subsection (e) and, if applicable, Section 13B, a judge granting
15	15	community supervision to a defendant required to register as a sex
16	16	offender under Chapter 62 shall prohibit the defendant, without the
17	17	express, written permission of the community supervision and
18	18	corrections department officer supervising the defendant, from
19	19	residing in any dwelling, manufactured home community, apartment
20	20	complex, or other lodging in which the defendant knows that another
21	21	person required to register as a sex offender under Chapter 62 also
22	22	resides.
23	23	(2) For the purposes of this subsection, a defendant
24	24	is presumed to know that another person required to register as a
25	25	sex offender under Chapter 62 resides in a dwelling, manufactured
26	26	home community, apartment complex, or other lodging if the
27	27	community supervision and corrections department officer
28	28	supervising the defendant notifies the defendant of that fact.
29	29	(3) Notwithstanding Subdivision (1), a prohibition
30	30	regarding the defendant's residence under that subdivision does not
31	31	apply to a residential facility or private residence where the
32	32	defendant is required by the judge to reside as a condition of
33	33	community supervision.
34	34	(4) In this subsection:
35	35	(A) "Apartment complex" means one or more
36	36	buildings, any of which contains two or more dwellings, that are
37	37	owned by the same owner, located on the same lot or tract, and
38	38	managed by the same owner, agent, or management company.
39	39	(B) "Manufactured home community" means a place,
40	40	divided into sites, at which the primary business is the rental or
41	41	leasing of the sites to persons for use in occupying manufactured
42	42	homes as dwellings.
43	43	SECTION 2. Subchapter F, Chapter 508, Government Code, is
44	44	amended by adding Section 508.1861 to read as follows:
45	45	Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to
46	46	requiring the conditions described by Section 508.186 and, if
47	47	applicable, Section 508.187, a parole panel shall require as a
48	48	condition of parole or mandatory supervision that, without the
49	49	express, written permission of the parole officer supervising the
50	50	releasee, a releasee required to register as a sex offender under
51	51	Chapter 62, Code of Criminal Procedure, not reside in any dwelling,
52	52	manufactured home community, apartment complex, or other lodging in
53	53	which the releasee knows that another person required to register
54	54	as a sex offender under Chapter 62, Code of Criminal Procedure, also
55	55	resides.
56	56	(b) For the purposes of this section, a releasee is presumed
57	57	to know that another person required to register as a sex offender
58	58	under Chapter 62, Code of Criminal Procedure, resides in a
59	59	dwelling, manufactured home community, apartment complex, or other
60	60	lodging if the parole officer supervising the releasee notifies the
61	61	releasee of that fact.
62	62	(c) Notwithstanding Subsection (a), a requirement regarding
63	63	the releasee's residence under that subsection does not apply to a
64	64	residential facility or private residence where the releasee is
65	65	required by the parole panel to reside as a condition of parole or
66	66	mandatory supervision.
67	67	(d) In this section:
68	68	(1) "Apartment complex" means one or more buildings,
69	69	any of which contains two or more dwellings, that are owned by the
70	70	same owner, located on the same lot or tract, and managed by the
71	71	same owner, agent, or management company.
72	72	(2) "Manufactured home community" means a place,
73	73	divided into sites, at which the primary business is the rental or
74	74	leasing of the sites to persons for use in occupying manufactured
75	75	homes as dwellings.
76	76	SECTION 3. (a) If conditions of community supervision or
77	77	release on parole or to mandatory supervision imposed before the
78	78	effective date of this Act do not prohibit a sex offender under the
79	79	supervision of the court or a parole panel from residing in
80	80	proximity to another registered sex offender, the court or parole
81	81	panel, as appropriate, shall modify the conditions of supervision
82	82	or parole as applicable to impose those prohibitions.
83	83	(b) The change in law made by this Act applies to a person
84	84	subject to registration under Chapter 62, Code of Criminal
85	85	Procedure, for an offense or conduct that was committed before, on,
86	86	or after the effective date of this Act.
87	87	SECTION 4. This Act takes effect September 1, 2009.