Texas 2009 - 81st Regular

Texas House Bill HB1239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1496 KEL-F
2	2	By: Pena H.B. No. 1239
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use of the Internet by sex offenders
8	8	and to the collection and exchange of information regarding those
9	9	offenders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11, Article 42.12, Code of Criminal
12	12	Procedure, is amended by adding Subsection (j) to read as follows:
13	13	(j)(1) If the court grants community supervision to a
14	14	defendant who is convicted of or receives a grant of deferred
15	15	adjudication for an offense under Section 33.021, Penal Code, or
16	16	who is assigned a numeric risk level of three based on an assessment
17	17	conducted under Article 62.007, the court as a condition of
18	18	community supervision shall prohibit the defendant from using the
19	19	Internet to:
20	20	(A) access pornographic material;
21	21	(B) access a commercial social networking site;
22	22	(C) communicate with one or more individuals for
23	23	the purpose of promoting sexual relations with an individual who is
24	24	younger than 18 years of age; or
25	25	(D) if the defendant is 18 years of age or older,
26	26	communicate with another individual the defendant knows is younger
27	27	than 18 years of age.
28	28	(2) The court may modify at any time the condition
29	29	described by Subsection (j)(1)(D) if:
30	30	(A) the condition interferes with the
31	31	defendant's ability to attend school or become or remain employed
32	32	and consequently constitutes an undue hardship for the defendant;
33	33	or
34	34	(B) the defendant is the parent or guardian of an
35	35	individual who is younger than 18 years of age and the defendant is
36	36	not otherwise prohibited from communicating with that individual.
37	37	(3) In this subsection, "commercial social networking
38	38	site" has the meaning assigned by Article 62.0061.
39	39	SECTION 2. Article 62.005, Code of Criminal Procedure, is
40	40	amended by adding Subsection (j) to read as follows:
41	41	(j) The department shall release all relevant information
42	42	described by Subsection (a) to the attorney general on the attorney
43	43	general's written request providing the department with a person's
44	44	name, driver's license number, personal identification certificate
45	45	number, license plate number, or Internet communication
46	46	identifier.
47	47	SECTION 3. Subchapter A, Chapter 62, Code of Criminal
48	48	Procedure, is amended by adding Article 62.0061 to read as follows:
49	49	Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION
50	50	IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE
51	51	PROVIDERS. (a) The department shall establish a procedure by which
52	52	commercial social networking sites and Internet service providers
53	53	providing service in this state may request all Internet
54	54	communication identifiers belonging to a person listed in the
55	55	computerized central database. On receipt of a request submitted
56	56	under this article containing a person's name, driver's license
57	57	number, personal identification certificate number, or Internet
58	58	communication identifier, the department shall:
59	59	(1) confirm whether the person is required to register
60	60	under this chapter; and
61	61	(2) provide the networking site or service provider
62	62	with all Internet communication identifiers listed for the person
63	63	in the computerized central database.
64	64	(b) A commercial social networking site or Internet service
65	65	provider may use the information to:
66	66	(1) prescreen persons seeking to use the site or
67	67	service; or
68	68	(2) preclude persons registered under this chapter
69	69	from using the site or service.
70	70	(c) A commercial social networking site or Internet service
71	71	provider that receives information under this article promptly
72	72	shall notify the department, the attorney general, and appropriate
73	73	local law enforcement authorities of any possible criminal activity
74	74	engaged in by a person with respect to whom information was provided
75	75	to the networking site or the service provider under Subsection
76	76	(a). The department, attorney general, and authorities shall
77	77	establish a uniform procedure for exchanging information regarding
78	78	any notification provided by a networking site or service provider
79	79	under this subsection.
80	80	(d) In this section, "commercial social networking site"
81	81	means any business, organization, or other similar entity operating
82	82	a website that permits persons to become registered users for the
83	83	purpose of establishing personal relationships with other users
84	84	through direct or real time communication with other users or the
85	85	creation of web pages or profiles available to the public or to
86	86	other users. The term does not include an electronic mail program
87	87	or a message board program.
88	88	SECTION 4. Article 62.051, Code of Criminal Procedure, is
89	89	amended by amending Subsection (c) and adding Subsection (j) to
90	90	read as follows:
91	91	(c) The registration form shall require:
92	92	(1) the person's full name, [each alias,] date of
93	93	birth, sex, race, height, weight, eye color, hair color, social
94	94	security number, driver's license number, shoe size, and home
95	95	address, and each alias, assumed name, nickname, or pseudonym,
96	96	including a screen name, used by the person;
97	97	(2) a recent color photograph or, if possible, an
98	98	electronic digital image of the person and a complete set of the
99	99	person's fingerprints;
100	100	(3) the type of offense the person was convicted of,
101	101	the age of the victim, the date of conviction, and the punishment
102	102	received;
103	103	(4) an indication as to whether the person is
104	104	discharged, paroled, or released on juvenile probation, community
105	105	supervision, or mandatory supervision;
106	106	(5) an indication of each license, as defined by
107	107	Article 62.005(g), that is held or sought by the person;
108	108	(6) an indication as to whether the person is or will
109	109	be employed, carrying on a vocation, or a student at a particular
110	110	public or private institution of higher education in this state or
111	111	another state, and the name and address of that institution; [and]
112	112	(7) the identification of any electronic mail address,
113	113	instant messaging address, or other Internet communication
114	114	identifier established or used by the person; and
115	115	(8) any other information required by the department.
116	116	(j) The department by rule shall define:
117	117	(1) "screen name" for the purposes of Subsection
118	118	(c)(1); and
119	119	(2) "Internet communication identifier" for the
120	120	purposes of Subsection (c)(7).
121	121	SECTION 5. Chapter 54, Family Code, is amended by adding
122	122	Section 54.0409 to read as follows:
123	123	Sec. 54.0409. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
124	124	JUVENILE SEX OFFENDERS. (a) If the juvenile court places on
125	125	probation under Section 54.04(d) a child who is assigned a numeric
126	126	risk level of three based on an assessment conducted under Article
127	127	62.007, Code of Criminal Procedure, in addition to other conditions
128	128	of probation, the court shall prohibit the child from using the
129	129	Internet to:
130	130	(1) access pornographic material;
131	131	(2) access a commercial social networking site; or
132	132	(3) communicate with one or more individuals for the
133	133	purpose of promoting sexual relations with an individual who is
134	134	younger than 18 years of age.
135	135	(b) In this section, "commercial social networking site"
136	136	has the meaning assigned by Article 62.0061, Code of Criminal
137	137	Procedure.
138	138	SECTION 6. Subchapter F, Chapter 508, Government Code, is
139	139	amended by adding Section 508.1861 to read as follows:
140	140	Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
141	141	SEX OFFENDERS. (a) If the parole panel releases on parole or to
142	142	mandatory supervision a person who is serving a sentence for an
143	143	offense under Section 33.021, Penal Code, or who is assigned a
144	144	numeric risk level of three based on an assessment conducted under
145	145	Article 62.007, Code of Criminal Procedure, the parole panel as a
146	146	condition of parole or mandatory supervision shall prohibit the
147	147	releasee from using the Internet to:
148	148	(1) access pornographic material;
149	149	(2) access a commercial social networking site;
150	150	(3) communicate with one or more individuals for the
151	151	purpose of promoting sexual relations with an individual who is
152	152	younger than 18 years of age; or
153	153	(4) if the releasee is 18 years of age or older,
154	154	communicate with another individual the releasee knows is younger
155	155	than 18 years of age.
156	156	(b) The parole panel may modify at any time the condition
157	157	described by Subsection (a)(4) if:
158	158	(1) the condition interferes with the releasee's
159	159	ability to attend school or become or remain employed and
160	160	consequently constitutes an undue hardship for the releasee; or
161	161	(2) the releasee is the parent or guardian of an
162	162	individual who is younger than 18 years of age and the releasee is
163	163	not otherwise prohibited from communicating with that individual.
164	164	(c) In this section, "commercial social networking site"
165	165	has the meaning assigned by Article 62.0061, Code of Criminal
166	166	Procedure.
167	167	SECTION 7. Subchapter F, Chapter 61, Human Resources Code,
168	168	is amended by adding Section 61.08135 to read as follows:
169	169	Sec. 61.08135. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
170	170	JUVENILE SEX OFFENDERS. (a) If the commission releases under
171	171	supervision a child who is assigned a numeric risk level of three
172	172	based on an assessment conducted under Article 62.007, Code of
173	173	Criminal Procedure, the commission shall prohibit the child from
174	174	using the Internet to:
175	175	(1) access pornographic material;
176	176	(2) access a commercial social networking site; or
177	177	(3) communicate with one or more individuals for the
178	178	purpose of promoting sexual relations with an individual who is
179	179	younger than 18 years of age.
180	180	(b) In this section, "commercial social networking site"
181	181	has the meaning assigned by Article 62.0061, Code of Criminal
182	182	Procedure.
183	183	SECTION 8. (a) The changes in law made by this Act in adding
184	184	Section 11(j), Article 42.12, Code of Criminal Procedure, Section
185	185	54.0409(a), Family Code, Section 508.1861(a), Government Code, and
186	186	Section 61.08135(a), Human Resources Code, apply only to a person
187	187	who is placed on community supervision or juvenile probation or
188	188	released on parole or other supervision on or after the effective
189	189	date of this Act.
190	190	(b) The change in law made by this Act in amending Chapter
191	191	62, Code of Criminal Procedure, applies to a person who is subject
192	192	to registration under that chapter for an offense or conduct that
193	193	was committed before, on, or after the effective date of this Act.
194	194	SECTION 9. This Act takes effect September 1, 2009.