Amends TCA Title 40.

Present law prohibits a sexual offender or violent sexual offender from knowingly standing; sitting idly, whether or not the offender is in a vehicle; or remaining within 1,000 feet of the property line of a building owned or operated by a public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under 18 are present, while not having a reason or relationship involving custody of or responsibility for a child or any other specific or legitimate reason for being there. However, this prohibition does not apply when the offender:<br /> <br /> (1) Is a student in attendance at the school;<br /> <br /> (2) Is attending a conference with school, day care, child care, park, playground or recreation center officials as a parent or legal guardian of a child who is enrolled in the school, day care center, other child care center or of a child who is a participant at the park, playground or recreation center and has received written permission or a request from the school's principal or the facility's administrator. However, this exemption does not apply if the victim of the offender's sexual offense or violent sexual offense was a minor at the time of the offense and the victim is enrolled in the school, day care center, recreation center or other child care center that is participating in the conference or other scheduled event;<br /> <br /> (3) Resides at a state licensed or certified facility for incarceration, health or convalescent care; or<br /> <br /> (4) Is dropping off or picking up a child or children and the person is the child or children's parent or legal guardian who has provided written notice of the parent's offender status to the school's principal or a school administrator upon enrollment.<br /> <br /> This bill clarifies that staying in an overnight shelter that is administered by a municipality is a legitimate reason for being within 1,000 feet of the property line of a building owned or operated by a public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under 18 are present.<br /> <br /> ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1. SENATE BILL 1031, AS AMENDED, FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY VOTE AND WAS REFERRED TO THE CALENDAR COMMITTEE.<br /> <br /> AMENDMENT #1 clarifies that the overnight shelter must be located in a fixed, permanent building and administered by a municipality to provide shelter from adverse weather or other emergency.<br />