HBA-CMT, SEP C.S.H.B. 331 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 331 By: Clark Corrections 4/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, if the parole panel determines that a child under 17 years of age was the victim of a sex crime, the parole panel must establish a child safety zone as a condition of parole or mandatory supervision for the sex offender that committed the crime. If the defendant is under community supervision the distance of the child safety zone is specified by a judge. C.S.H.B. 331 provides that a sex offender released on parole or mandatory supervision (releasee) or defendant accused of specified sex offenses (defendant) released on community supervision is prohibited from going in or on a premises or within a distance of a premises specified by the panel or presiding judge or reside in a residence located within 500 feet for a releasee and 300 feet for a defendant 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 C.S.H.B. 331 amends the Government Code to prohibit sex offenders released on mandatory supervision or parole from going in or on a premises or within a distance of a premises specified by the panel or reside in a residence located within 500 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. The measurement of the distance between a residence and a premises described above is a direct line from the property line of the residence to the property line of the premises. The bill provides that a requirement that a releasee not reside in a residence located within 300 feet of a premises where children commonly gather does not apply to a releasee if the premises became a premises where children commonly gather only after the releasee began residing in the residence or the residence is owned by the releasee and was owned by the releasee at the time of committing the offense giving rise to the supervision under the bill. C.S.H.B. 331 amends the Code of Criminal Procedure to prohibit a defendant accused of a sex offense (defendant) released on community supervision from going in or on a premises or within a distance of a premises specified by the judge or reside in a residence located within 300 feet of a premises where children commonly gather. The measurement of the distance between a residence and a premises described above is a direct line from the property line of the residence to the property line of the premises. The bill provides that a requirement that a defendant not reside in a residence located within 500 feet of a premises where children commonly gather does not apply to a defendant if the premises became a premises where children commonly gather only after the defendant began residing in the residence or the residence is owned by the defendant and was owned by the defendant at the time of committing the offense giving rise to the supervision under the bill. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 331 differs from the original bill by removing the provision that a sex offender or defendant accused of a sex offense (defendant) released on community supervision, mandatory supervision, or parole maintain a distance of at least 1,000 feet from a place where children commonly gather, and adds that a sex offender or defendant released on community supervision, mandatory supervision, or parole is prohibited from going in or on a premises or within a distance of a premises specified by the panel or presiding judge or reside in a residence located within 500 feet for a releasee and 300 feet for a defendant of a premises where children commonly gather. The substitute adds provisions for determining the distance from a residence of a sex offender or defendant and a premises where children commonly gather. The bill specifies when the requirement of the parole panel or presiding judge that a releasee or defendant not reside in a residence located within 300 feet for a releasee and 500 feet for a defendant of a premises where children commonly gather does not apply.