HomeMy WebLinkAboutPR 13560: CHILD SAFETY ZONES interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow City Attorney /'L~ ~)<W-c¢:~-~?~'~
Subject: P. R. No. 13560; Council Meeting of May 23, 2006
Date: May 16, 2006
Attached is P. R. No. 13560 as it pertains to requesting the
Legislature to expand the authority of a Judge as it pertains to
child safety zones.
MTS:ts
Attachment
z .pr13560 .memo
P. R. No. 13560
05/16/06 ts
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO
REQUESTING THE LEGISLATURE TO EXPAND
THE AUTHORITY OF A dumGE AS IT
PERTAINS TO CHILD SAFETY ZONES
WHEREAS, Article 42.12 of the Code of Criminal Procedure
authorizes a Judge to create a child safety zone if the nature of
the offense of which the sex offender is convicted warrants such an
establishment. The conditions of community supervision can require
a defendant not to:
(1) supervise or participate in any program that
includes as participants or recipients persons who
are 17 years of age or younger, and that 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.
WHEREAS, Section 22a of Article 42.12 of the Code of Criminal
Procedure allows the Judge to extend the period of community
supervision for a period not to exceed ten additional years; and,
WHEREAS, the City Council is requesting Senator Janek,
Representative Deshotel, and Representative Ritter to sponsor a
bill to authorize a Judge to extend the period of con. unity service
(child safety zone) indefinitely so long as the defendant is a
level two or level three registered sex offender, under Article
62.007 of the Code of Criminal Procedure.
WHEREAS, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT A~THUR, TEXAS=
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council herein requests Senator
Janek, Representative Deshotel, and Representative Ritter to
sponsor a bill for the 80th Legislative Session to authorize a Judge
to extend the period of community service (child safety zone)
indefinitely so long as the defendant is a level two or level three
registered sex offender, under Article 62.007 of the Code of
Criminal Procedure.
Section 3. That the City Secretary shall send a certified
copy of this Resolution to Senator Janek, Representative Deshotel,
and Representative Ritter.
Section 4. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
, A.D., 2006, at a Council Meeting of the City
Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ,
Councilmembers ,
NOES:
MAYOR
ATTEST .'
CITY SECRETARY
APPROVED AS TO FOP~M:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER