Bill Text: TX HB4675 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prosecution of the offenses of indecency with a child and sexual assault and to a child safety zone applicable to a person on community supervision, parole, or mandatory supervision for certain sexual offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Criminal Jurisprudence [HB4675 Detail]
Download: Texas-2023-HB4675-Introduced.html
88R9403 LHC-D | ||
By: Slaton | H.B. No. 4675 |
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relating to the prosecution of the offenses of indecency with a | ||
child and sexual assault and to a child safety zone applicable to a | ||
person on community supervision, parole, or mandatory supervision | ||
for certain sexual offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.11(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if, with a child younger | ||
than 18 [ |
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opposite sex and regardless of whether the person knows the age of | ||
the child at the time of the offense, the person: | ||
(1) engages in sexual contact with the child or causes | ||
the child to engage in sexual contact; or | ||
(2) with intent to arouse or gratify the sexual desire | ||
of any person: | ||
(A) exposes the person's anus or any part of the | ||
person's genitals, knowing the child is present; or | ||
(B) causes the child to expose the child's anus | ||
or any part of the child's genitals. | ||
SECTION 2. Section 22.011(c)(1), Penal Code, is amended to | ||
read as follows: | ||
(1) "Child" means a person younger than 18 [ |
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of age. | ||
SECTION 3. Article 42A.453(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(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 18 [ |
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(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, video arcade facility, or general residential | ||
operation operating as a residential treatment center; 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. | ||
SECTION 4. Section 508.187(b), Government Code, is amended | ||
to read as follows: | ||
(b) A parole panel shall establish a child safety zone | ||
applicable to a releasee if the panel determines that a child as | ||
defined by Section 22.011(c), Penal Code, was the victim of the | ||
offense, by requiring as a condition of parole or mandatory | ||
supervision that the releasee: | ||
(1) not: | ||
(A) supervise or participate in any program that | ||
includes as participants or recipients persons who are 18 [ |
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years of age or younger and that regularly provides athletic, | ||
civic, or cultural activities; or | ||
(B) go in, on, or within a distance specified by | ||
the panel of 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 for a period of time determined necessary | ||
by the panel psychological counseling sessions for sex offenders | ||
with an individual or organization that provides sex offender | ||
treatment or counseling as specified by the parole officer | ||
supervising the releasee after release. | ||
SECTION 5. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 6. This Act takes effect September 1, 2023. |