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