Texas 2009 - 81st Regular

Texas House Bill HB22 Compare Versions

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1	1	81R476 KCR-D
2	2	By: Leibowitz H.B. No. 22
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a sex offender's duty to report the establishment or use
8	8	of certain Internet communication identifiers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 62.051, Code of Criminal Procedure, is
11	11	amended by amending Subsection (c) and adding Subsection (j) to
12	12	read as follows:
13	13	(c) The registration form shall require:
14	14	(1) the person's full name, [each alias,] date of
15	15	birth, sex, race, height, weight, eye color, hair color, social
16	16	security number, driver's license number, shoe size, and home
17	17	address, and each alias, assumed name, nickname, or pseudonym,
18	18	including a screen name, used by the person;
19	19	(2) a recent color photograph or, if possible, an
20	20	electronic digital image of the person and a complete set of the
21	21	person's fingerprints;
22	22	(3) the type of offense the person was convicted of,
23	23	the age of the victim, the date of conviction, and the punishment
24	24	received;
25	25	(4) an indication as to whether the person is
26	26	discharged, paroled, or released on juvenile probation, community
27	27	supervision, or mandatory supervision;
28	28	(5) an indication of each license, as defined by
29	29	Article 62.005(g), that is held or sought by the person;
30	30	(6) an indication as to whether the person is or will
31	31	be employed, carrying on a vocation, or a student at a particular
32	32	public or private institution of higher education in this state or
33	33	another state, and the name and address of that institution; [and]
34	34	(7) the identification of any electronic mail address,
35	35	instant messaging address, or other Internet communication
36	36	identifier established or used by the person; and
37	37	(8) any other information required by the department.
38	38	(j) The department by rule shall define:
39	39	(1) "screen name" for the purposes of Subsection
40	40	(c)(1); and
41	41	(2) "Internet communication identifier" for the
42	42	purposes of Subsection (c)(7).
43	43	SECTION 2. Article 62.053(a), Code of Criminal Procedure,
44	44	is amended to read as follows:
45	45	(a) Before a person who will be subject to registration
46	46	under this chapter is due to be released from a penal institution,
47	47	the Texas Department of Criminal Justice or the Texas Youth
48	48	Commission shall determine the person's level of risk to the
49	49	community using the sex offender screening tool developed or
50	50	selected under Article 62.007 and assign to the person a numeric
51	51	risk level of one, two, or three. Before releasing the person, an
52	52	official of the penal institution shall:
53	53	(1) inform the person that:
54	54	(A) not later than the later of the seventh day
55	55	after the date on which the person is released or after the date on
56	56	which the person moves from a previous residence to a new residence
57	57	in this state or not later than the later of the first date the
58	58	applicable local law enforcement authority by policy allows the
59	59	person to register or verify registration, the person must register
60	60	or verify registration with the local law enforcement authority in
61	61	the municipality or county in which the person intends to reside;
62	62	(B) not later than the seventh day after the date
63	63	on which the person is released or the date on which the person
64	64	moves from a previous residence to a new residence in this state,
65	65	the person must, if the person has not moved to an intended
66	66	residence, report to the juvenile probation officer, community
67	67	supervision and corrections department officer, or parole officer
68	68	supervising the person;
69	69	(C) not later than the seventh day before the
70	70	date on which the person moves to a new residence in this state or
71	71	another state, the person must report in person to the local law
72	72	enforcement authority designated as the person's primary
73	73	registration authority by the department and to the juvenile
74	74	probation officer, community supervision and corrections
75	75	department officer, or parole officer supervising the person;
76	76	(D) not later than the 10th day after the date on
77	77	which the person arrives in another state in which the person
78	78	intends to reside, the person must register with the law
79	79	enforcement agency that is identified by the department as the
80	80	agency designated by that state to receive registration
81	81	information, if the other state has a registration requirement for
82	82	sex offenders;
83	83	(E) not later than the 30th day after the date on
84	84	which the person is released, the person must apply to the
85	85	department in person for the issuance of an original or renewal
86	86	driver's license or personal identification certificate and a
87	87	failure to apply to the department as required by this paragraph
88	88	results in the automatic revocation of any driver's license or
89	89	personal identification certificate issued by the department to the
90	90	person; [and]
91	91	(F) the person must notify appropriate entities
92	92	of any change in status as described by Article 62.057; and
93	93	(G) the person must report any establishment or
94	94	use of an electronic mail address, instant messaging address, or
95	95	other Internet communication identifier in accordance with Article
96	96	62.0551;
97	97	(2) require the person to sign a written statement
98	98	that the person was informed of the person's duties as described by
99	99	Subdivision (1) or Subsection (g) or, if the person refuses to sign
100	100	the statement, certify that the person was so informed;
101	101	(3) obtain the address where the person expects to
102	102	reside on the person's release and other registration information,
103	103	including a photograph and complete set of fingerprints; and
104	104	(4) complete the registration form for the person.
105	105	SECTION 3. Subchapter B, Chapter 62, Code of Criminal
106	106	Procedure, is amended by adding Article 62.0551 to read as follows:
107	107	Art. 62.0551. CHANGE OF ELECTRONIC ADDRESS. (a) If a
108	108	person required to register under this chapter establishes or
109	109	begins to use an electronic mail address, instant messaging
110	110	address, or other Internet communication identifier, the person
111	111	shall, before the end of the next working day after the person
112	112	establishes or begins using the address or identifier, provide
113	113	written notice of the address or identifier to the local law
114	114	enforcement authority designated as the person's primary
115	115	registration authority by the department.
116	116	(b) Not later than the third day after receipt of
117	117	information under Subsection (a), the local law enforcement
118	118	authority shall forward the information to the department.
119	119	(c) For purposes of this article, "Internet communication
120	120	identifier" has the meaning assigned by the department under
121	121	Article 62.051(j)(2).
122	122	SECTION 4. Article 62.058, Code of Criminal Procedure, is
123	123	amended by adding Subsection (f) to read as follows:
124	124	(f) A local law enforcement authority who provides a person
125	125	with a registration form for verification as required by this
126	126	chapter shall include with the form a statement and description of
127	127	the person's registration duties under Article 62.0551.
128	128	SECTION 5. The change in law made by this Act applies to a
129	129	person subject to registration under Chapter 62, Code of Criminal
130	130	Procedure, for an offense or conduct that was committed before, on,
131	131	or after the effective date of this Act.
132	132	SECTION 6. This Act takes effect September 1, 2009.