Tex.
Code of Crim. Proc. Article 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 (Drug-free Zones), Health and Safety Code.(b)
A judge granting community supervision to a defendant convicted of an offense listed in Article 42A.054 (Limitation on Judge-ordered Community Supervision)(a) or for which the judgment contains an affirmative finding under Article 42A.054 (Limitation on Judge-ordered Community Supervision)(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 (Child Safety Zone).
Source:
Article 42A.502 — Community Supervision for Certain Violent Offenses; Child Safety Zone, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.502 (accessed Jun. 5, 2024).
