Texas House Bill HB1375

Texas 2015 - 84th Regular

Caption

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.