Texas 2009 - 81st Regular

Texas Senate Bill SB2359 Compare Versions

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

Old	New	Differences
1	1	81R2752 HLT-D
2	2	By: Gallegos S.B. No. 2359
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the location of certain sex offenders
8	8	and to notice reflecting that location.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11, Article 42.12, Code of Criminal
11	11	Procedure, is amended by adding Subsection (j) to read as follows:
12	12	(j)(1) In addition to requiring the conditions described by
13	13	Subsection (e), a judge granting community supervision to a
14	14	defendant required to register as a sex offender under Chapter 62
15	15	shall prohibit the defendant, without the express, written
16	16	permission of the community supervision and corrections department
17	17	officer supervising the defendant, from residing:
18	18	(A) in the same dwelling, mobile home park,
19	19	apartment complex, or other lodging as another person the defendant
20	20	knows is required to register as a sex offender under Chapter 62; or
21	21	(B) within 1,500 feet of another person the
22	22	defendant knows is required to register as a sex offender under
23	23	Chapter 62.
24	24	(2) For the purposes of this subsection, a defendant
25	25	is presumed to know another person is required to register as a sex
26	26	offender under Chapter 62 if the community supervision and
27	27	corrections department officer supervising the defendant notifies
28	28	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 two or more
36	36	dwellings in one or more buildings that are owned by the same owner,
37	37	located on the same lot or tract, and managed by the same owner,
38	38	agent, or management company.
39	39	(B) "Mobile home park" means a place, divided
40	40	into sites, at which the primary business is the rental or leasing
41	41	of the sites to persons for use in occupying mobile homes as
42	42	dwellings.
43	43	SECTION 2. Subchapter B, Chapter 62, Code of Criminal
44	44	Procedure, is amended by adding Article 62.063 to read as follows:
45	45	Art. 62.063. NOTICE TO CERTAIN PUBLIC OFFICIALS OF SEX
46	46	OFFENDER'S ADDRESS. The department shall provide notice of the
47	47	residential address of any person required to register under this
48	48	chapter to each state senator and state representative who
49	49	represents an area in which the person resides. The department
50	50	shall also provide the notice to the head of the governing body of
51	51	the county, school district, and, if applicable, municipality in
52	52	which the person resides. The department shall provide the notice
53	53	required by this article as the applicable address information
54	54	becomes available through the person's registration or
55	55	verification of registration.
56	56	SECTION 3. Subchapter F, Chapter 508, Government Code, is
57	57	amended by adding Section 508.1861 to read as follows:
58	58	Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to
59	59	requiring the conditions described by Section 508.186, a parole
60	60	panel shall require as a condition of parole or mandatory
61	61	supervision that, without the express, written permission of the
62	62	parole officer supervising the releasee, a releasee required to
63	63	register as a sex offender under Chapter 62, Code of Criminal
64	64	Procedure, not reside:
65	65	(1) in the same dwelling, mobile home park, apartment
66	66	complex, or other lodging as another person the releasee knows is
67	67	required to register as a sex offender under Chapter 62, Code of
68	68	Criminal Procedure; or
69	69	(2) within 1,500 feet of another person the releasee
70	70	knows is required to register as a sex offender under Chapter 62,
71	71	Code of Criminal Procedure.
72	72	(b) For the purposes of this section, a releasee is presumed
73	73	to know another person is required to register as a sex offender
74	74	under Chapter 62, Code of Criminal Procedure, if the parole officer
75	75	supervising the releasee notifies the releasee of that fact.
76	76	(c) Notwithstanding Subsection (a), a requirement regarding
77	77	the releasee's residence under that subsection does not apply to a
78	78	residential facility or private residence where the releasee is
79	79	required by the parole panel to reside as a condition of parole or
80	80	mandatory supervision.
81	81	(d) In this section:
82	82	(1) "Apartment complex" means two or more dwellings in
83	83	one or more buildings that are owned by the same owner, located on
84	84	the same lot or tract, and managed by the same owner, agent, or
85	85	management company.
86	86	(2) "Mobile home park" means a place, divided into
87	87	sites, at which the primary business is the rental or leasing of the
88	88	sites to persons for use in occupying mobile homes as dwellings.
89	89	SECTION 4. Section 508.187(b), Government Code, is amended
90	90	to read as follows:
91	91	(b) A parole panel shall establish a child safety zone
92	92	applicable to a releasee if the panel determines that a child as
93	93	defined by Section 22.011(c), Penal Code, was the victim of the
94	94	offense, by requiring as a condition of parole or mandatory
95	95	supervision that the releasee:
96	96	(1) not:
97	97	(A) supervise or participate in any program that
98	98	includes as participants or recipients persons who are 17 years of
99	99	age or younger and that regularly provides athletic, civic, or
100	100	cultural activities; or
101	101	(B) go in, on, or within 1,000 feet [a distance
102	102	specified by the panel] of premises where children commonly gather,
103	103	including a school, day-care facility, playground, public or
104	104	private youth center, public swimming pool, or video arcade
105	105	facility; and
106	106	(2) attend for a period of time determined necessary
107	107	by the panel psychological counseling sessions for sex offenders
108	108	with an individual or organization that provides sex offender
109	109	treatment or counseling as specified by the parole officer
110	110	supervising the releasee after release.
111	111	SECTION 5. Section 508.187, Government Code, is amended by
112	112	adding Subsection (g) to read as follows:
113	113	(g) Notwithstanding Subsection (b)(1)(B), a parole panel
114	114	requirement that a releasee not go in, on, or within 1,000 feet of
115	115	certain premises does not apply to a releasee while the releasee is
116	116	in or going immediately to or from a:
117	117	(1) parole office;
118	118	(2) premises at which the releasee is participating in
119	119	a program or activity required as a condition of release;
120	120	(3) halfway house or community residential facility in
121	121	which the releasee is required to reside as a condition of release,
122	122	if the halfway house or facility was in operation as a residence for
123	123	releasees on June 1, 2009; or
124	124	(4) private residence in which the releasee is
125	125	required to reside as a condition of release.
126	126	SECTION 6. (a) If conditions of community supervision or
127	127	release on parole or mandatory supervision imposed before the
128	128	effective date of this Act do not prohibit a sex offender under the
129	129	supervision of the court or a parole panel from residing in
130	130	proximity to another registered sex offender or from entering a
131	131	child safety zone of 1,000 feet, the court or parole panel, as
132	132	appropriate, shall modify the conditions of supervision or parole
133	133	as applicable to impose those prohibitions.
134	134	(b) The Department of Public Safety of the State of Texas
135	135	shall establish the notification procedure required by Article
136	136	62.063, Code of Criminal Procedure, as added by this Act, not later
137	137	than October 1, 2009.
138	138	(c) The change in law made by this Act applies to a person
139	139	subject to registration under Chapter 62, Code of Criminal
140	140	Procedure, for an offense or conduct that was committed before, on,
141	141	or after the effective date of this Act.
142	142	SECTION 7. This Act takes effect September 1, 2009.