81R16021 KCR-D
By: Leibowitz, Herrero H.B. No. 22
Substitute the following for H.B. No. 22:
By: Parker C.S.H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use of the Internet by sex offenders
and to the collection and exchange of information regarding those
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (j) to read as follows:
(j)(1) If the court grants community supervision to a
defendant who is convicted of or receives a grant of deferred
adjudication for an offense under Section 33.021, Penal Code, or
who is assigned a numeric risk level of two or three based on an
assessment conducted under Article 62.007, the court as a condition
of community supervision shall prohibit the defendant from using
the Internet to:
(A) access pornographic material;
(B) access a commercial social networking site;
(C) communicate with one or more individuals for
the purpose of promoting sexual relations with an individual who is
younger than 18 years of age; or
(D) if the defendant is 18 years of age or older,
communicate with another individual the defendant knows is younger
than 18 years of age.
(2) In this subsection, "commercial social networking
site" has the meaning assigned by Article 62.0061.
SECTION 2. Article 62.005, Code of Criminal Procedure, is
amended by adding Subsection (j) to read as follows:
(j) The department shall release all relevant information
described by Subsection (a) to the attorney general on the attorney
general's written request providing the department with a person's
name, driver's license number, personal identification certificate
number, license plate number, or Internet communication
identifier.
SECTION 3. Subchapter A, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0061 to read as follows:
Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION
IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE
PROVIDERS. (a) The department shall establish a procedure by which
commercial social networking sites and Internet service providers
providing service in this state may request all Internet
communication identifiers belonging to a person listed in the
computerized central database. On receipt of a request submitted
under this article containing a person's name, driver's license
number, personal identification certificate number, or Internet
communication identifier, the department shall:
(1) confirm whether the person is required to register
under this chapter; and
(2) provide the networking site or service provider
with all Internet communication identifiers listed for the person
in the computerized central database.
(b) A commercial social networking site or Internet service
provider may use the information to:
(1) prescreen persons seeking to use the site or
service; or
(2) preclude persons registered under this chapter
from using the site or service.
(c) A commercial social networking site or Internet service
provider that receives information under this article promptly
shall notify the department, the attorney general, and appropriate
local law enforcement authorities of any possible criminal activity
engaged in by a person with respect to whom information was provided
to the networking site or the service provider under Subsection
(a). The department, attorney general, and authorities shall
establish a uniform procedure for exchanging information regarding
any notification provided by a networking site or service provider
under this subsection.
(d) In this section, "commercial social networking site"
means any business, organization, or other similar entity operating
a website that permits persons to become registered users for the
purpose of establishing personal relationships with other users
through direct or real time communication with other users or the
creation of web pages or profiles available to the public or to
other users. The term does not include an electronic mail program
or a message board program.
SECTION 4. 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 5. 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 6. 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 7. 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 8. Chapter 54, Family Code, is amended by adding
Section 54.0409 to read as follows:
Sec. 54.0409. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
JUVENILE SEX OFFENDERS. (a) If the juvenile court places on
probation under Section 54.04(d) a child who is assigned a numeric
risk level of two or three based on an assessment conducted under
Article 62.007, Code of Criminal Procedure, in addition to other
conditions of probation, the court shall prohibit the child from
using the Internet to:
(1) access pornographic material;
(2) access a commercial social networking site; or
(3) communicate with one or more individuals for the
purpose of promoting sexual relations with an individual who is
younger than 18 years of age.
(b) In this section, "commercial social networking site"
has the meaning assigned by Article 62.0061, Code of Criminal
Procedure.
SECTION 9. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.1861 to read as follows:
Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
SEX OFFENDERS. (a) If the parole panel releases on parole or to
mandatory supervision a person who is serving a sentence for an
offense under Section 33.021, Penal Code, or who is assigned a
numeric risk level of two or three based on an assessment conducted
under Article 62.007, Code of Criminal Procedure, the parole panel
as a condition of parole or mandatory supervision shall prohibit
the releasee from using the Internet to:
(1) access pornographic material;
(2) access a commercial social networking site;
(3) communicate with one or more individuals for the
purpose of promoting sexual relations with an individual who is
younger than 18 years of age; or
(4) if the releasee is 18 years of age or older,
communicate with another individual the releasee knows is younger
than 18 years of age.
(b) In this section, "commercial social networking site"
has the meaning assigned by Article 62.0061, Code of Criminal
Procedure.
SECTION 10. Subchapter F, Chapter 61, Human Resources Code,
is amended by adding Section 61.08135 to read as follows:
Sec. 61.08135. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
JUVENILE SEX OFFENDERS. (a) If the commission releases under
supervision a child who is assigned a numeric risk level of two or
three based on an assessment conducted under Article 62.007, Code
of Criminal Procedure, the commission shall prohibit the child from
using the Internet to:
(1) access pornographic material;
(2) access a commercial social networking site; or
(3) communicate with one or more individuals for the
purpose of promoting sexual relations with an individual who is
younger than 18 years of age.
(b) In this section, "commercial social networking site"
has the meaning assigned by Article 62.0061, Code of Criminal
Procedure.
SECTION 11. (a) The changes in law made by this Act in
adding Section 11(j), Article 42.12, Code of Criminal Procedure,
Section 54.0409(a), Family Code, Section 508.1861(a), Government
Code, and Section 61.08135(a), Human Resources Code, apply only to
a person who is placed on community supervision or juvenile
probation or released on parole or other supervision on or after the
effective date of this Act.
(b) The change in law made by this Act in amending Chapter
62, Code of Criminal Procedure, applies to a person who is subject
to registration under that chapter for an offense or conduct that
was committed before, on, or after the effective date of this Act.
SECTION 12. This Act takes effect September 1, 2009.