". . . a judge granting community supervision to a defendant required to
register as a sex offender under Chapter 62 shall prohibit the
defendant, without the express, written permission of the community
supervision and corrections department officer supervising the
defendant, from residing in any dwelling, manufactured home community,
apartment complex, or other lodging in which the defendant knows that
another person required to register as a sex offender under Chapter 62
also resides."
The full text of the Bill appears below after the jump.
By: Farrar H.B. No. 816
A BILL TO BE ENTITLED
AN ACT
relating to conditions of community supervision, release on parole, or release to mandatory supervision that restrict the proximity of a sex offender's residence to another sex offender's residence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (j) to read as follows:
(j)(1) In addition to requiring the conditions described by Subsection (e) and, if applicable, Section 13B, a judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall prohibit the defendant, without the express, written permission of the community supervision and corrections department officer supervising the defendant, from residing in any dwelling, manufactured home community, apartment complex, or other lodging in which the defendant knows that another person required to register as a sex offender under Chapter 62 also resides.
(2) For the purposes of this subsection, a defendant is presumed to know that another person required to register as a sex offender under Chapter 62 resides in a dwelling, manufactured home community, apartment complex, or other lodging if the community supervision and corrections department officer supervising the defendant notifies the defendant of that fact.
(3) Notwithstanding Subdivision (1), a prohibition regarding the defendant's residence under that subdivision does not apply to a residential facility or private residence where the defendant is required by the judge to reside as a condition of community supervision.
(4) In this subsection:
(A) "Apartment complex" means one or more buildings, any of which contains two or more dwellings, that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
(B) "Manufactured home community" means a place, divided into sites, at which the primary business is the rental or leasing of the sites to persons for use in occupying manufactured homes as dwellings.
SECTION 2. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1861 to read as follows:
Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to requiring the conditions described by Section 508.186 and, if applicable, Section 508.187, a parole panel shall require as a condition of parole or mandatory supervision that, without the express, written permission of the parole officer supervising the releasee, a releasee required to register as a sex offender under Chapter 62, Code of Criminal Procedure, not reside in any dwelling, manufactured home community, apartment complex, or other lodging in which the releasee knows that another person required to register as a sex offender under Chapter 62, Code of Criminal Procedure, also resides.
(b) For the purposes of this section, a releasee is presumed to know that another person required to register as a sex offender under Chapter 62, Code of Criminal Procedure, resides in a dwelling, manufactured home community, apartment complex, or other lodging if the parole officer supervising the releasee notifies the releasee of that fact.
(c) Notwithstanding Subsection (a), a requirement regarding the releasee's residence under that subsection does not apply to a residential facility or private residence where the releasee is required by the parole panel to reside as a condition of parole or mandatory supervision.
(d) In this section:
(1) "Apartment complex" means one or more buildings, any of which contains two or more dwellings, that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
(2) "Manufactured home community" means a place, divided into sites, at which the primary business is the rental or leasing of the sites to persons for use in occupying manufactured homes as dwellings.
SECTION 3. (a) If conditions of community supervision or release on parole or to mandatory supervision imposed before the effective date of this Act do not prohibit a sex offender under the supervision of the court or a parole panel from residing in proximity to another registered sex offender, the court or parole panel, as appropriate, shall modify the conditions of supervision or parole as applicable to impose those prohibitions.
(b) The change in law made by this Act applies to a person subject to registration under Chapter 62, Code of Criminal Procedure, for an offense or conduct that was committed before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.
A BILL TO BE ENTITLED
AN ACT
relating to conditions of community supervision, release on parole, or release to mandatory supervision that restrict the proximity of a sex offender's residence to another sex offender's residence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (j) to read as follows:
(j)(1) In addition to requiring the conditions described by Subsection (e) and, if applicable, Section 13B, a judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall prohibit the defendant, without the express, written permission of the community supervision and corrections department officer supervising the defendant, from residing in any dwelling, manufactured home community, apartment complex, or other lodging in which the defendant knows that another person required to register as a sex offender under Chapter 62 also resides.
(2) For the purposes of this subsection, a defendant is presumed to know that another person required to register as a sex offender under Chapter 62 resides in a dwelling, manufactured home community, apartment complex, or other lodging if the community supervision and corrections department officer supervising the defendant notifies the defendant of that fact.
(3) Notwithstanding Subdivision (1), a prohibition regarding the defendant's residence under that subdivision does not apply to a residential facility or private residence where the defendant is required by the judge to reside as a condition of community supervision.
(4) In this subsection:
(A) "Apartment complex" means one or more buildings, any of which contains two or more dwellings, that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
(B) "Manufactured home community" means a place, divided into sites, at which the primary business is the rental or leasing of the sites to persons for use in occupying manufactured homes as dwellings.
SECTION 2. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1861 to read as follows:
Sec. 508.1861. SEX OFFENDER RESIDENCES. (a) In addition to requiring the conditions described by Section 508.186 and, if applicable, Section 508.187, a parole panel shall require as a condition of parole or mandatory supervision that, without the express, written permission of the parole officer supervising the releasee, a releasee required to register as a sex offender under Chapter 62, Code of Criminal Procedure, not reside in any dwelling, manufactured home community, apartment complex, or other lodging in which the releasee knows that another person required to register as a sex offender under Chapter 62, Code of Criminal Procedure, also resides.
(b) For the purposes of this section, a releasee is presumed to know that another person required to register as a sex offender under Chapter 62, Code of Criminal Procedure, resides in a dwelling, manufactured home community, apartment complex, or other lodging if the parole officer supervising the releasee notifies the releasee of that fact.
(c) Notwithstanding Subsection (a), a requirement regarding the releasee's residence under that subsection does not apply to a residential facility or private residence where the releasee is required by the parole panel to reside as a condition of parole or mandatory supervision.
(d) In this section:
(1) "Apartment complex" means one or more buildings, any of which contains two or more dwellings, that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
(2) "Manufactured home community" means a place, divided into sites, at which the primary business is the rental or leasing of the sites to persons for use in occupying manufactured homes as dwellings.
SECTION 3. (a) If conditions of community supervision or release on parole or to mandatory supervision imposed before the effective date of this Act do not prohibit a sex offender under the supervision of the court or a parole panel from residing in proximity to another registered sex offender, the court or parole panel, as appropriate, shall modify the conditions of supervision or parole as applicable to impose those prohibitions.
(b) The change in law made by this Act applies to a person subject to registration under Chapter 62, Code of Criminal Procedure, for an offense or conduct that was committed before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.
Comments