89R5109 LHC-D     By: Schatzline H.B. No. 1264       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offenses of indecency with a   child and sexual assault.          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 [17] years of age, whether the child is of the same or   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 [17] years   of age.          SECTION 3.  Section 1(1), Article 38.074, Code of Criminal   Procedure, is amended to read as follows:                (1)  "Child" means a person younger than 17 years of age   [has the meaning assigned by Section 22.011(c), Penal Code].          SECTION 4.  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   younger than 17 years of age [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 17 years of age or younger; and                            (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 5.  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   younger than 17 years of age [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 17 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 6.  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 7.  This Act takes effect September 1, 2025.