| 1 | 1 | | 88R7056 MP-D |
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| 2 | 2 | | By: Orr H.B. No. 1409 |
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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 the authority of certain counties to restrict sex |
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| 8 | 8 | | offenders from child safety zones in certain portions of the |
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| 9 | 9 | | unincorporated area of the county; creating a criminal offense. |
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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. Subchapter Z, Chapter 351, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 351.905 to read as follows: |
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| 13 | 13 | | Sec. 351.905. LIMITATIONS ON REGISTERED SEX OFFENDERS IN |
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| 14 | 14 | | UNINCORPORATED AREA OF CERTAIN COUNTIES. (a) In this section: |
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| 15 | 15 | | (1) "Child safety zone" means premises where children |
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| 16 | 16 | | commonly gather. The term includes a school, day-care facility, |
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| 17 | 17 | | playground, public or private youth center, public swimming pool, |
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| 18 | 18 | | video arcade facility, or other facility that regularly holds |
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| 19 | 19 | | events primarily for children. The term does not include a church, |
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| 20 | 20 | | as defined by Section 544.251, Insurance Code. |
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| 21 | 21 | | (2) "Playground," "premises," "school," "video arcade |
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| 22 | 22 | | facility," and "youth center" have the meanings assigned by Section |
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| 23 | 23 | | 481.134, Health and Safety Code. |
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| 24 | 24 | | (3) "Registered sex offender" means an individual who |
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| 25 | 25 | | is subject to the registration requirements of Chapter 62, Code of |
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| 26 | 26 | | Criminal Procedure. |
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| 27 | 27 | | (b) This section applies only to a county with a population |
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| 28 | 28 | | of 300,000 or less. |
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| 29 | 29 | | (c) To provide for the public safety, the commissioners |
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| 30 | 30 | | court of a county by order may restrict a registered sex offender |
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| 31 | 31 | | from going in, on, or within a specified distance of a child safety |
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| 32 | 32 | | zone located: |
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| 33 | 33 | | (1) in a school district with 500 or fewer students in |
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| 34 | 34 | | enrollment; and |
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| 35 | 35 | | (2) in the unincorporated area of the county. |
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| 36 | 36 | | (d) It is an affirmative defense to prosecution of an |
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| 37 | 37 | | offense under the order that the registered sex offender was in, on, |
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| 38 | 38 | | or within a specified distance of a child safety zone for a |
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| 39 | 39 | | legitimate purpose, including transportation of a child that the |
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| 40 | 40 | | registered sex offender is legally permitted to be with, |
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| 41 | 41 | | transportation to and from work, and other work-related purposes. |
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| 42 | 42 | | (e) The order may establish a distance requirement |
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| 43 | 43 | | described by Subsection (c) at any distance of not more than 1,000 |
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| 44 | 44 | | feet. |
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| 45 | 45 | | (f) The order must establish procedures for a registered sex |
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| 46 | 46 | | offender to apply for an exemption from the order. |
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| 47 | 47 | | (g) The order must exempt a registered sex offender who |
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| 48 | 48 | | established residency in a residence located within the specified |
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| 49 | 49 | | distance of a child safety zone before the date the order is |
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| 50 | 50 | | adopted. The exemption must apply only to: |
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| 51 | 51 | | (1) areas necessary for the registered sex offender to |
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| 52 | 52 | | have access to and to live in the residence; and |
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| 53 | 53 | | (2) the period the registered sex offender maintains |
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| 54 | 54 | | residency in the residence. |
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| 55 | 55 | | (h) A person commits an offense if the person violates an |
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| 56 | 56 | | order adopted under this section. An offense under this subsection |
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| 57 | 57 | | is a Class C misdemeanor. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2023. |
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