| 1 | 1 | | 84R4803 MEW-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1375 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating a defense to revocation of parole, mandatory |
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| 8 | 8 | | supervision, or community supervision for a person who travels |
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| 9 | 9 | | through a child safety zone. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21, Article 42.12, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Subsection (c-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (c-1) In a hearing under this section at which it is alleged |
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| 15 | 15 | | only that, in violation of Section 13B(a), a defendant went within |
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| 16 | 16 | | 1,000 feet of a premises where children commonly gather, it is an |
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| 17 | 17 | | affirmative defense to revocation that the defendant was within |
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| 18 | 18 | | that distance only while traveling directly en route between |
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| 19 | 19 | | locations the defendant was not prohibited from visiting. The |
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| 20 | 20 | | defendant must prove the affirmative defense by a preponderance of |
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| 21 | 21 | | the evidence. |
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| 22 | 22 | | SECTION 2. Section 508.281, Government Code, is amended by |
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| 23 | 23 | | adding Subsection (g) to read as follows: |
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| 24 | 24 | | (g) In a hearing under this section at which it is alleged |
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| 25 | 25 | | only that, in violation of Section 508.187(b) or 508.225(a), a |
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| 26 | 26 | | releasee went within a distance specified by a parole panel of a |
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| 27 | 27 | | premises where children commonly gather, it is an affirmative |
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| 28 | 28 | | defense to revocation that the releasee was within that distance |
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| 29 | 29 | | only while traveling directly en route between locations the |
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| 30 | 30 | | releasee was not prohibited from visiting. The releasee must prove |
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| 31 | 31 | | the affirmative defense by a preponderance of the evidence. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies to a |
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| 33 | 33 | | person on parole, mandatory supervision, or community supervision |
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| 34 | 34 | | on or after the effective date of this Act, regardless of whether |
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| 35 | 35 | | the person was released on parole or to mandatory supervision or |
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| 36 | 36 | | placed on community supervision before, on, or after the effective |
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| 37 | 37 | | date of this Act. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2015. |
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