Texas Senate Bill SB1738

Texas 2009 - 81st Regular

Caption

Relating to restrictions on the use of the Internet by certain sex offenders.

Impact

The bill necessitates that judges include affirmative findings in judgments when determining cases involving sex offenses under Article 62.101(a) of the Texas Code of Criminal Procedure. If such findings are present, the conditions of community supervision or parole for these offenders would include prohibitions on Internet access without prior approval, as well as mandatory monitoring of their Internet-capable devices. These conditions are intended to reduce the risk of re-offending and to protect the community, especially vulnerable individuals, from potential online exploitation.

Summary

SB1738, introduced by Senator Uresti, aims to impose specific restrictions on the use of the Internet by certain sex offenders in the state of Texas. The bill requires that when a judgment is made against a convicted sex offender who used the Internet to facilitate their crime, this fact must be documented as part of the trial proceedings. This establishes a legal groundwork for imposing additional restrictions on the convicted individual when being sentenced, particularly if they are granted community supervision or parole.

Contention

Notably, the discussion surrounding SB1738 may involve debates about the balance between rehabilitation and community safety. Proponents of the bill argue that stringent restrictions on Internet use for sex offenders are essential for preventing further crimes, emphasizing the potential dangers these individuals pose when unrestricted. However, critics might raise concerns regarding the implications for the rights and rehabilitation prospects of offenders, specifically citing potential hindrances to employment, education, and reintegration into society. These discussions reflect broader societal tensions regarding punishment, preventive measures, and support for rehabilitation.