Art. 42A.502. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT OFFENSES; CHILD SAFETY ZONE. (a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(b) A judge granting community supervision to a defendant convicted of an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d) may establish a child safety zone applicable to the defendant, if the nature of the offense for which the defendant is convicted warrants the establishment of a child safety zone, by requiring as a condition of community supervision that the defendant not:
(1) supervise or participate in any program that:
(A) includes as participants or recipients persons who are 17 years of age or younger; and
(B) regularly provides athletic, civic, or cultural activities; or
(2) go in or on, or within a distance specified by the judge 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.
(c) At any time after the imposition of a condition under Subsection (b), the defendant may request the judge to modify the child safety zone applicable to the defendant because the zone as created by the judge:
(1) interferes with the defendant's ability to attend school or hold a job and consequently constitutes an undue hardship for the defendant; or
(2) is broader than is necessary to protect the public, given the nature and circumstances of the offense.
(d) This article does not apply to a defendant described by Article 42A.453.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Text of article effective on January 01, 2017
Last modified: September 28, 2016