Texas 2023 - 88th Regular

Texas House Bill HB4061

Filed
3/8/23  
Out of House Committee
4/13/23  
Voted on by House
5/9/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting a registered sex offender in certain circumstances from going within a certain distance of the residence of the victim of the offense for which the offender is subject to registration.

Impact

The bill has significant implications for state laws regarding sex offender registration and management. By establishing a defined buffer zone around the victims, it seeks to close gaps in current legislation that may allow offenders to live close to their victims post-release. It also mandates updates in the risk assessment process for those entering the sex offender registry to ensure ongoing community safety. These changes are intended to alleviate parental concerns and enhance the overall safety of vulnerable populations within Texas communities.

Summary

House Bill 4061, also known as Brooke's Boundary, aims to enhance victim protection by prohibiting registered sex offenders from residing or being within 2500 feet of the victim's residence. This measure is particularly focused on preventing potential retraumatization of victims, especially children, by ensuring that offenders cannot easily access their prior victims' homes. The legislation modifies certain provisions within the Code of Criminal Procedure to implement stricter guidelines for how sex offenders manage their post-incarceration lives in relation to their victims.

Sentiment

The sentiment surrounding HB 4061 is largely supportive among those advocating for victim rights, predominantly from family members of victims and community safety advocates. Proponents argue that the legislation is a necessary measure to protect vulnerable individuals from potential harm and to make it clear that the safety of victims, particularly children, is paramount. However, there is a notable division among those who feel this bill could negatively affect the possibilities for rehabilitation and reintegration of offenders who have served their time.

Contention

Notable points of contention arise from individuals advocating for the rights of formerly incarcerated individuals and families who may be impacted by the law's stipulations. Opponents argue that the bill may create undue hardship for offenders who have reformed and are trying to reintegrate into society, potentially making reintegration into their communities impossible. Critics express concerns over the blanket nature of the 2500-foot rule, as it may not account for nuanced circumstances, including reconciliations between offenders and their families or previous victims. The debate underscores a broader discussion about balancing victim protection with the rights and rehabilitation prospects of offenders.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 62. Sex Offender Registration Program
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.