HBA-CMT S.B. 107 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 107
By: Barrientos
Corrections
5/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, if a parole panel determines that a child under 17 years
of age was the victim of a sex crime, a parole panel is required to
establish a child safety zone as a condition of parole or mandatory
supervision for the sex offender that committed the crime.   If a defendant
accused of a sex crime with a child is under community supervision the
distance of the child safety zone is specified by the  judge in the trial.
However, there are no provisions specifying a minimum distance requirement.
Senate Bill 107 prohibits a sex offender whose victim was a child and who
is released on parole or mandatory supervision and a defendant accused of a
sex offense against a child and who is granted community supervision from
being within 1,000 feet of a place where children commonly gather.   

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. 

ANALYSIS

Senate Bill 107 amends the Government Code and the Code of Criminal
Procedure to require certain sex offenders whose victim was a child
released on mandatory supervision or parole and a defendant accused of a
sex crime with a child under 17 years of age who is granted community
supervision to maintain a distance of at least 1,000 feet from premises
where children commonly gather, including a school, day-care facility,
playground, public or private youth center, public swimming pool, or video
arcade facility.  The bill provides that the requirement that a releasee or
a defendant not go in, on, or within 1,000 feet of certain premises does
not apply if the releasee or defendant is in or going to or from a place as
a condition of release or community supervision.  

EFFECTIVE DATE

September 1, 2001.