Art. 42A.453. 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) This article applies to a defendant placed on community supervision for an offense under:
(1) Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually;
(2) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or knowledge that the victim would engage in sexual conduct, as defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture that involved a trafficked victim engaging in sexual conduct, as defined by Section 43.25, Penal Code;
(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(4) Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony listed in Subdivision (1) or (3); or
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
(c) If a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, the judge shall establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant:
(1) not:
(A) supervise or participate in any program that:
(i) includes as participants or recipients persons who are 17 years of age or younger; and
(ii) regularly provides athletic, civic, or cultural activities; or
(B) go in, on, or within 1,000 feet 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; and
(2) attend psychological counseling sessions for sex offenders with an individual or organization that provides sex offender treatment or counseling as specified or approved by the judge or the defendant's supervision officer.
(d) Notwithstanding Subsection (c)(1), a judge is not required to impose the conditions described by Subsection (c)(1) if the defendant is a student at a primary or secondary school.
(e) At any time after the imposition of a condition under Subsection (c)(1), the defendant may request the court to modify the child safety zone applicable to the defendant because the zone as created by the court:
(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.
(f) A supervision officer for a defendant described by Subsection (b) may permit the defendant to enter on an event-by-event basis into the child safety zone from which the defendant is otherwise prohibited from entering if:
(1) the defendant has served at least two years of the period of community supervision;
(2) the defendant enters the zone as part of a program to reunite with the defendant's family;
(3) the defendant presents to the supervision officer a written proposal specifying where the defendant intends to go within the zone, why and with whom the defendant is going, and how the defendant intends to cope with any stressful situations that occur;
(4) the sex offender treatment provider treating the defendant agrees with the supervision officer that the defendant should be allowed to attend the event; and
(5) the supervision officer and the treatment provider agree on a chaperon to accompany the defendant and the chaperon agrees to perform that duty.
(g) Article 42A.051(b) does not prohibit a supervision officer from modifying a condition of community supervision by permitting a defendant to enter a child safety zone under Subsection (f).
(h) Notwithstanding Subsection (c)(1)(B), a requirement that a defendant not go in, on, or within 1,000 feet of certain premises does not apply to a defendant while the defendant is in or going immediately to or from a:
(1) community supervision and corrections department office;
(2) premises at which the defendant is participating in a program or activity required as a condition of community supervision;
(3) residential facility in which the defendant is required to reside as a condition of community supervision, if the facility was in operation as a residence for defendants on community supervision on June 1, 2003; or
(4) private residence at which the defendant is required to reside as a condition of community supervision.
(i) A supervision officer who under Subsection (c)(2) specifies a sex offender treatment provider to provide counseling to a defendant shall:
(1) contact the provider before the defendant is released;
(2) establish the date, time, and place of the first session between the defendant and the provider; and
(3) request the provider to immediately notify the supervision officer if the defendant fails to attend the first session or any subsequent scheduled session.
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