Relating to creating a defense to revocation of parole, mandatory supervision, or community supervision for a person who travels through a child safety zone.
Note
The bill is set to take effect on September 1, 2015, and is indicative of a broader trend towards re-evaluating the approaches to supervision in the context of protecting vulnerable populations without overly restricting the movement of individuals attempting to reintegrate into society.
Impact
The proposed changes would amend the Code of Criminal Procedure and the Government Code by introducing the defense mechanism into hearings related to the alleged violations of distance restrictions around child safety zones. This adjustment is designed to provide a safeguard for individuals who are not actively attempting to breach their supervision conditions and to facilitate smoother transitions for those complying with their terms. The law would apply to any person under supervision as of the bill's effective date, which emphasizes its broad applicability.
Summary
House Bill 1375 seeks to create a legal defense for individuals under parole, mandatory supervision, or community supervision who inadvertently enter child safety zones. Specifically, it allows an affirmative defense in situations where a defendant or releasee is accused of violating provisions that restrict their proximity to locations where children commonly gather. The bill aims to ensure that individuals are not penalized solely for passing through these zones while traveling directly to permitted locations, thereby acknowledging potential unavoidable circumstances.
Contention
While the bill seeks to balance supervision requirements with personal freedoms, it may spur debate on the implications of allowing such defenses. Critics might argue that it could undermine the severity of restrictions meant to protect children by potentially reducing accountability for individuals under supervision. Proponents, on the other hand, will likely highlight the necessity of distinguishing between deliberate violations and innocent transit through designated areas, advocating for fairness in legal proceedings related to supervision and parole.
Relating to the prosecution of the offenses of indecency with a child and sexual assault and to a child safety zone applicable to a person on community supervision, parole, or mandatory supervision for certain sexual offenses.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.