HBA-NIK S.B. 660 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 660 By: Cain Corrections 4/4/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Code of Criminal Procedure creates conditions for certain criminals to prevent their participation in programs designated for children. The drug- and gun-free zones were specifically created to protect children from drug dealers and other criminals. S.B. 660 requires judges and parole boards to establish a child safety zone for certain ex-convicts and inmates charged with or convicted of certain sexual offenses against or involving children. This bill creates certain conditions of community supervision, parole, and mandatory supervision for certain violent offenders. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 42.12, Code of Criminal Procedure, by adding Section 13D, as follows: Sec. 13D. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR VIOLENT OFFENSES; PROTECTING CHILDREN. (a) Authorizes a judge, if the nature of the offense for which a defendant is convicted is listed in Section 3g(a) (1) (certain capitol and aggravated offenses) or for which the judgment contains an affirmative finding under Section 3g(a) (2) (use or exhibition of deadly weapon during commission or flight from felony offense, or knowledge that a deadly weapon would be used during commission of offense to which defendant was a party) and warrants the establishment of a child safety zone, to establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant not: (1) supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or (2) go in or on, or within a distance specified by the judge of, a premise where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. (b) Authorizes the defendant, at any time after the imposition of a condition under Subsection (a), to request the judge to modify the child safety zone applicable to the defendant because the zone as created by the judge interferes with the ability of the defendant to attend school or hold down a job and consequently constitutes an undue hardship for the defendant; or is broader than is necessary to protect the public, given the nature and circumstances of the offense. (c) Provides that this section does not apply to a defendant described by Section 13B. (d) Provides that "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134 (Drug-Free Zone), Health and Safety Code. SECTION 2. Amends Subchapter G, Chapter 508, Government Code, by adding Section 508.225, as follows: Sec. 508.225. CHILD SAFETY ZONE. (a) Authorizes a parole panel to establish a child safety zone applicable to an inmate serving a sentence for an offense listed in Section 3g(a)(1) (certain capitol and aggravated offenses), Article 42.12, Code of Criminal Procedure, or for which the judgement contains an affirmative finding under Section 3g(a)(2) (regarding use of a deadly weapon during commission of a felony offense), Article 42.12, Code of Criminal Procedure, by requiring as a condition of parole or release to mandatory supervision that the inmate not: (1) supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or (2) go in or on, or within a distance specified by the panel of, a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. (b) Authorizes the inmate, at any time after the imposition of a condition under Subsection (a), to request the parole panel to modify the child safety zone applicable to the inmate because the zone, as created by the panel, interferes with the ability of the inmate to attend school or hold a job, thereby creating undue hardship for the inmate; or is broader than is necessary to protect the public, given the nature and circumstances of the offense. (c) Provides that this section does not apply to an inmate described by Section 508.187. (d) Provides that, in this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134 (Drug-Free Zone), Health and Safety Code. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.