Texas Code Of Criminal Procedure § 42a.502 Community Supervision For Certain Violent Offenses; Child Safety Zone

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

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Last modified: September 28, 2016