81R476 KCR-D
By: Leibowitz H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to a sex offender's duty to report the establishment or use
of certain Internet communication identifiers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.051, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (j) to
read as follows:
(c) The registration form shall require:
(1) the person's full name, [each alias,] date of
birth, sex, race, height, weight, eye color, hair color, social
security number, driver's license number, shoe size, and home
address, and each alias, assumed name, nickname, or pseudonym,
including a screen name, used by the person;
(2) a recent color photograph or, if possible, an
electronic digital image of the person and a complete set of the
person's fingerprints;
(3) the type of offense the person was convicted of,
the age of the victim, the date of conviction, and the punishment
received;
(4) an indication as to whether the person is
discharged, paroled, or released on juvenile probation, community
supervision, or mandatory supervision;
(5) an indication of each license, as defined by
Article 62.005(g), that is held or sought by the person;
(6) an indication as to whether the person is or will
be employed, carrying on a vocation, or a student at a particular
public or private institution of higher education in this state or
another state, and the name and address of that institution; [and]
(7) the identification of any electronic mail address,
instant messaging address, or other Internet communication
identifier established or used by the person; and
(8) any other information required by the department.
(j) The department by rule shall define:
(1) "screen name" for the purposes of Subsection
(c)(1); and
(2) "Internet communication identifier" for the
purposes of Subsection (c)(7).
SECTION 2. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Youth
Commission shall determine the person's level of risk to the
community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the later of the first date the
applicable local law enforcement authority by policy allows the
person to register or verify registration, the person must register
or verify registration with the local law enforcement authority in
the municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person;
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person; [and]
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057; and
(G) the person must report any establishment or
use of an electronic mail address, instant messaging address, or
other Internet communication identifier in accordance with Article
62.0551;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address where the person expects to
reside on the person's release and other registration information,
including a photograph and complete set of fingerprints; and
(4) complete the registration form for the person.
SECTION 3. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0551 to read as follows:
Art. 62.0551. CHANGE OF ELECTRONIC ADDRESS. (a) If a
person required to register under this chapter establishes or
begins to use an electronic mail address, instant messaging
address, or other Internet communication identifier, the person
shall, before the end of the next working day after the person
establishes or begins using the address or identifier, provide
written notice of the address or identifier to the local law
enforcement authority designated as the person's primary
registration authority by the department.
(b) Not later than the third day after receipt of
information under Subsection (a), the local law enforcement
authority shall forward the information to the department.
(c) For purposes of this article, "Internet communication
identifier" has the meaning assigned by the department under
Article 62.051(j)(2).
SECTION 4. Article 62.058, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A local law enforcement authority who provides a person
with a registration form for verification as required by this
chapter shall include with the form a statement and description of
the person's registration duties under Article 62.0551.
SECTION 5. The change in law made by this Act applies to a
person subject to registration under Chapter 62, Code of Criminal
Procedure, for an offense or conduct that was committed before, on,
or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2009.