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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain sex offenders from working or |
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residing within or otherwise going in, on, or within a certain |
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distance of premises where children commonly gather; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13B, Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subsections (a) and (i) and |
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adding Subsections (j) and (k) to read as follows: |
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(a) If a judge grants community supervision to a defendant |
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described by Subsection (b) and the judge determines that a child as |
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defined by Section 22.011(c), Penal Code, was the victim of the |
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offense, the judge shall require [establish a child safety zone
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applicable to the defendant by requiring] as a condition of |
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community supervision that the defendant: |
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(1) not: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; or |
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(B) work or reside within or go in, on, or within |
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[1,000 feet of] a child safety zone, as defined by Article 62.001 |
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[premises where children commonly gather, including a school,
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day-care facility, playground, public or private youth center,
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public swimming pool, or video arcade facility]; and |
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(2) attend psychological counseling sessions for sex |
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offenders with an individual or organization which provides sex |
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offender treatment or counseling as specified by or approved by the |
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judge or the community supervision and corrections department |
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officer supervising the defendant. |
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(i) Notwithstanding Subsection (a)(1)(B), a requirement |
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that a defendant not work or reside within or go in, on, or within a |
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child safety zone [1,000 feet of certain premises] does not apply to |
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a defendant while the defendant is in or going immediately to or |
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from a: |
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(1) community supervision and corrections department |
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office; |
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(2) premises at which the defendant is participating |
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in a program or activity required as a condition of community |
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supervision; |
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(3) residential facility in which the defendant is |
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required to reside as a condition of community supervision, if the |
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facility was in operation as a residence for defendants on |
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community supervision on June 1, 2003; or |
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(4) private residence at which the defendant is |
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required to reside as a condition of community supervision. |
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(j) Notwithstanding Subsection (a)(1)(B), a defendant to |
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whom this article applies who resides within a child safety zone may |
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remain at the defendant's residence if: |
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(1) the defendant resided at the residence on |
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September 1, 2015; or |
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(2) the defendant is residing at the residence at the |
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time that a child safety zone is established for or extended to an |
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area that contains the residence. |
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(k) Subsections (e) and (f) do not apply to a defendant who |
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is required to register under Chapter 62 because of one or more |
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reportable convictions or adjudications for a sexually violent |
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offense involving a victim younger than 17 years of age. |
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SECTION 2. Article 62.001, Code of Criminal Procedure, is |
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amended by adding Subdivisions (13) and (14) to read as follows: |
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(13) "Child safety zone" means any area located within |
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1,000 feet from the nearest property line of a premises where |
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children commonly gather, including: |
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(A) a public or private school; |
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(B) a day-care or other child-care facility; |
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(C) a playground; |
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(D) a public or private youth center; |
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(E) a public or private youth soccer, football, |
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or baseball field; |
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(F) a crisis center or shelter; |
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(G) a skate park or skating rink; |
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(H) a movie theater; |
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(I) a bowling alley; |
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(J) a Boy Scout or Girl Scout facility; |
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(K) a location that regularly provides athletic, |
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civic, or cultural activities that include as participants persons |
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who are 17 years of age or younger; |
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(L) a child protective services facility; |
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(M) an indoor or outdoor amusement center or |
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amusement park; |
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(N) a carnival, circus, or fair; |
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(O) a public, commercial, or semiprivate |
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swimming pool; |
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(P) a public park; |
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(Q) a public library; or |
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(R) an amusement or video arcade facility. |
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(14) For purposes of Subdivision (13), "playground," |
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"premises," "school," "video arcade facility," and "youth center" |
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have the meanings assigned by Section 481.134, Health and Safety |
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Code. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.064 to read as follows: |
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Art. 62.064. PROHIBITED LOCATIONS. (a) This article |
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applies only to a person who: |
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(1) is required to register under this chapter because |
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of one or more reportable convictions or adjudications for a |
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sexually violent offense involving a victim younger than 17 years |
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of age; and |
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(2) is not enrolled as a student at a public or private |
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primary or secondary school. |
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(b) A person described by Subsection (a) may not work or |
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reside within or go in, on, or within a child safety zone. |
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(c) Notwithstanding Subsection (b), a requirement that a |
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person not work or reside within or go in, on, or within a child |
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safety zone does not apply to a person on community supervision |
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while that person is in or going immediately to or from a: |
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(1) community supervision and corrections department |
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office; |
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(2) premises at which the person is participating in a |
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program or activity required as a condition of community |
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supervision; |
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(3) residential facility in which the person is |
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required to reside as a condition of community supervision, if the |
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facility was in operation as a residence for persons on community |
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supervision on June 1, 2003; or |
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(4) private residence at which the person is required |
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to reside as a condition of community supervision. |
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(d) Notwithstanding Subsection (b), a person to whom this |
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article applies who resides within a child safety zone may remain at |
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the person's residence if: |
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(1) the person resided at the residence on September |
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1, 2015; or |
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(2) the person is residing at the residence at the time |
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that the child safety zone is established for or extended to an area |
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that contains the residence. |
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SECTION 4. Article 62.102, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) An offense under this article is: |
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(1) except as provided by Subsection (b-1), a state |
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jail felony if the actor is a person whose duty to register expires |
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under Article 62.101(b) or (c); |
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(2) a felony of the third degree if the actor is a |
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person whose duty to register expires under Article 62.101(a) and |
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who is required to verify registration once each year under Article |
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62.058; and |
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(3) a felony of the second degree if the actor is a |
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person whose duty to register expires under Article 62.101(a) and |
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who is required to verify registration once each 90-day period |
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under Article 62.058. |
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(b-1) An offense under this article is a felony of the third |
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degree if the requirement with which the actor fails to comply is |
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the requirement described by Article 62.064. |
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SECTION 5. Section 508.187, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (g) and (h) to read |
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as follows: |
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(b) If a [A] parole panel [shall establish a child safety
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zone applicable to a releasee if the panel] determines that a child |
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as defined by Section 22.011(c), Penal Code, was the victim of the |
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offense, the panel shall require [by requiring] as a condition of |
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parole or mandatory supervision that the releasee: |
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(1) not: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; or |
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(B) work or reside within or go in, on, or within |
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a child safety zone, as defined by Article 62.001, Code of Criminal |
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Procedure [distance specified by the panel of premises where
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children commonly gather, including a school, day-care facility,
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playground, public or private youth center, public swimming pool,
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or video arcade facility]; and |
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(2) attend for a period of time determined necessary |
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by the panel psychological counseling sessions for sex offenders |
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with an individual or organization that provides sex offender |
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treatment or counseling as specified by the parole officer |
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supervising the releasee after release. |
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(g) Notwithstanding Subsection (b)(1)(B), a releasee to |
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whom this section applies who resides within a child safety zone may |
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remain at the releasee's residence if: |
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(1) the releasee resided at the residence on September |
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1, 2015; or |
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(2) the releasee is residing at the residence at the |
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time that a child safety zone is established for or extended to an |
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area that contains the residence. |
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(h) Subsections (d) and (e) do not apply to a releasee who is |
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required to register under Chapter 62, Code of Criminal Procedure, |
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because of one or more reportable convictions or adjudications for |
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a sexually violent offense involving a victim younger than 17 years |
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of age. |
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SECTION 6. (a) If conditions of community supervision or |
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release on parole or mandatory supervision imposed before the |
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effective date of this Act do not prohibit a defendant described by |
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Section 13B(b), Article 42.12, Code of Criminal Procedure, or a |
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releasee described by Section 508.187(a), Government Code, as |
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applicable, from working or residing within the child safety zone |
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defined by Article 62.001(13), Code of Criminal Procedure, as added |
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by this Act, the court or parole panel, as appropriate, shall modify |
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the conditions of supervision or parole as applicable to impose |
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those prohibitions. |
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(b) The changes in law made by this Act in amending Section |
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13B(a), Article 42.12, Code of Criminal Procedure, and Section |
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508.187(b), Government Code, apply to a person who is placed on |
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community supervision or released on parole or mandatory |
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supervision before, on, or after the effective date of this Act. |
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(c) The changes in law made by this Act in amending Chapter |
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62, Code of Criminal Procedure, apply to a person who is subject to |
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registration under Chapter 62, Code of Criminal Procedure, on or |
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after the effective date of this Act, regardless of whether the |
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applicable offense or conduct occurs before, on, or after the |
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effective date of this Act. |
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SECTION 7. The following are repealed: |
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(1) Section 13B(h), Article 42.12, Code of Criminal |
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Procedure; and |
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(2) Section 508.187(f), Government Code. |
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SECTION 8. This Act takes effect September 1, 2015. |