81R2752 HLT-D
By: Gallegos S.B. No. 2359
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the location of certain sex offenders
and to notice reflecting that location.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (j) to read as follows:
(j)(1) In addition to requiring the conditions described by
Subsection (e), a judge granting community supervision to a
defendant required to register as a sex offender under Chapter 62
shall prohibit the defendant, without the express, written
permission of the community supervision and corrections department
officer supervising the defendant, from residing:
(A) in the same dwelling, mobile home park,
apartment complex, or other lodging as another person the defendant
knows is required to register as a sex offender under Chapter 62; or
(B) within 1,500 feet of another person the
defendant knows is required to register as a sex offender under
Chapter 62.
(2) For the purposes of this subsection, a defendant
is presumed to know another person is required to register as a sex
offender under Chapter 62 if the community supervision and
corrections department officer supervising the defendant notifies
the defendant of that fact.
(3) Notwithstanding Subdivision (1), a prohibition
regarding the defendant's residence under that subdivision does not
apply to a residential facility or private residence where the
defendant is required by the judge to reside as a condition of
community supervision.
(4) In this subsection:
(A) "Apartment complex" means two or more
dwellings in one or more buildings that are owned by the same owner,
located on the same lot or tract, and managed by the same owner,
agent, or management company.
(B) "Mobile home park" means a place, divided
into sites, at which the primary business is the rental or leasing
of the sites to persons for use in occupying mobile homes as
dwellings.
SECTION 2. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.063 to read as follows:
Art. 62.063. NOTICE TO CERTAIN PUBLIC OFFICIALS OF SEX
OFFENDER'S ADDRESS. The department shall provide notice of the
residential address of any person required to register under this
chapter to each state senator and state representative who
represents an area in which the person resides. The department
shall also provide the notice to the head of the governing body of
the county, school district, and, if applicable, municipality in
which the person resides. The department shall provide the notice
required by this article as the applicable address information
becomes available through the person's registration or
verification of registration.
SECTION 3. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.1861 to read as follows:
Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to
requiring the conditions described by Section 508.186, a parole
panel shall require as a condition of parole or mandatory
supervision that, without the express, written permission of the
parole officer supervising the releasee, a releasee required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure, not reside:
(1) in the same dwelling, mobile home park, apartment
complex, or other lodging as another person the releasee knows is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(2) within 1,500 feet of another person the releasee
knows is required to register as a sex offender under Chapter 62,
Code of Criminal Procedure.
(b) For the purposes of this section, a releasee is presumed
to know another person is required to register as a sex offender
under Chapter 62, Code of Criminal Procedure, if the parole officer
supervising the releasee notifies the releasee of that fact.
(c) Notwithstanding Subsection (a), a requirement regarding
the releasee's residence under that subsection does not apply to a
residential facility or private residence where the releasee is
required by the parole panel to reside as a condition of parole or
mandatory supervision.
(d) In this section:
(1) "Apartment complex" means two or more dwellings in
one or more buildings that are owned by the same owner, located on
the same lot or tract, and managed by the same owner, agent, or
management company.
(2) "Mobile home park" means a place, divided into
sites, at which the primary business is the rental or leasing of the
sites to persons for use in occupying mobile homes as dwellings.
SECTION 4. Section 508.187(b), Government Code, is amended
to read as follows:
(b) 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, 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) go in, on, or within 1,000 feet [a 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.
SECTION 5. Section 508.187, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) Notwithstanding Subsection (b)(1)(B), a parole panel
requirement that a releasee not go in, on, or within 1,000 feet of
certain premises does not apply to a releasee while the releasee is
in or going immediately to or from a:
(1) parole office;
(2) premises at which the releasee is participating in
a program or activity required as a condition of release;
(3) halfway house or community residential facility in
which the releasee is required to reside as a condition of release,
if the halfway house or facility was in operation as a residence for
releasees on June 1, 2009; or
(4) private residence in which the releasee is
required to reside as a condition of release.
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 sex offender under the
supervision of the court or a parole panel from residing in
proximity to another registered sex offender or from entering a
child safety zone of 1,000 feet, the court or parole panel, as
appropriate, shall modify the conditions of supervision or parole
as applicable to impose those prohibitions.
(b) The Department of Public Safety of the State of Texas
shall establish the notification procedure required by Article
62.063, Code of Criminal Procedure, as added by this Act, not later
than October 1, 2009.
(c) The change in law made by this Act applies to a person
subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense or conduct that was committed before, on,
or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2009.