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CS/CS/CS/SB 212, 1st Eng. — Sexual Offenders and Sexual Predators

by Rules Committee; Judiciary Committee; Criminal Justice Committee; and Senator McClain

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

The bill amends several statutes relating to persons convicted of committing sexual offenses on or after July 1, 2026, or who change their residence on or after that date to:

  • Prohibit a person who was convicted of specified sexual offenses in which the victim was younger than 16 years of age from residing within 1,000 feet of a school, child care facility, park, public swimming pool, or playground. The bill creates criminal penalties for violating this prohibition.
  • Prohibit a person who is on probation, community control, or conditional release for committing a specified sexual offense in which the victim was under 18 from:
    • Living within 1,000 feet of a public swimming pool;
    • Working or volunteering at a public swimming pool; or
    • Visiting a public swimming pool, without prior approval.

 

The bill amends existing provisions relating to loitering and prowling by certain persons offenders, to revise restrictions and prohibited conduct. Specifically, the bill:

  • Increases the restricted distance for loitering and prowling by such persons from 300 feet to 500 feet of places where children congregate.
  • Revises the prohibition on contact with children to clarify that a person  may not knowingly contact, communicate with, or approach with the intent to contact or communicate with a person younger than 18 years of age in any public park, playground, or public swimming pool.
  • Clarifies that written notification required by persons who intend to be present at a child care facility or school must include that the person has been convicted of a specified sex offense and intends to be present at the school or child care facility.
  •  Revises exceptions to the prohibition of certain persons  being present at child care facilities or schools, by:
    • Specifying the exception to the crime for picking up or dropping of a child only applies if the person is a parent, grandparent, or legal guardian.
    • Adding an exception to the crime if the person is attending religious services.

 

The bill authorizes a law enforcement officer to arrest a person without a warrant if there is probable cause to believe the person violated loitering or prowling by certain persons in close proximity to children, by knowingly:

  • Contacting, communicating with, or approaching with the intent to contact or communicate with a person younger than 18 years of age in any park building or on real property comprising any park, playground, or public swimming pool; or
  • Being present in any child care facility or school containing students in prekindergarten through grade 12 or on real property comprising a child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation.

 

The bill requires a state agency or governmental subdivision to conduct a background check  of a person to determine if he or she is a sexual predator or  sexual offender  prior to a person’s appointment or employment, at a public swimming pool.

 

If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on July 1, 2026.

 

Vote: Senate 31-6; House 103-9