Texas 2009 - 81st Regular

Texas Senate Bill SB2035 Compare Versions

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

Old	New	Differences
1	1	81R4558 KCR-D
2	2	By: Shapiro S.B. No. 2035
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of certain criminal sexual offenses and
8	8	the registration and civil commitment of certain sex offenders in
9	9	this state; providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. PROSECUTION OF AND REGISTRATION REQUIREMENTS FOR
12	12	CERTAIN CRIMINAL SEXUAL OFFENSES
13	13	SECTION 1.001. Chapter 42, Code of Criminal Procedure, is
14	14	amended by adding Article 42.0149 to read as follows:
15	15	Art. 42.0149. FINDING OF INTENT TO COMMIT CERTAIN SEXUAL
16	16	OFFENSES. In the trial of an offense under Section 20.02, Penal
17	17	Code, the judge shall make an affirmative finding of fact and enter
18	18	the affirmative finding in the judgment of the case if the judge
19	19	determines that the defendant committed the offense with the intent
20	20	to commit an offense the conviction of which subjects the defendant
21	21	to registration under Chapter 62.
22	22	SECTION 1.002. Section 5, Article 42.12, Code of Criminal
23	23	Procedure, is amended by adding Subsection (k) to read as follows:
24	24	(k) A judge who places on community supervision under this
25	25	section a defendant charged with an offense under Section 20.02,
26	26	Penal Code, shall make an affirmative finding of fact and file a
27	27	statement of that affirmative finding with the papers of the case if
28	28	the judge determines that the defendant committed the offense with
29	29	the intent to commit an offense the conviction of which subjects the
30	30	defendant to registration under Chapter 62.
31	31	SECTION 1.003. Section 11, Article 42.12, Code of Criminal
32	32	Procedure, is amended by adding Subsection (j) to read as follows:
33	33	(j) If the court grants community supervision to a defendant
34	34	who is convicted of or receives a grant of deferred adjudication for
35	35	an offense under Section 33.021, Penal Code, or who is assigned a
36	36	numeric risk level of three based on an assessment conducted under
37	37	Article 62.007, the court as a condition of community supervision
38	38	shall prohibit the defendant from using the Internet to:
39	39	(1) access pornographic material;
40	40	(2) access a commercial social networking site, as
41	41	defined by Article 62.0061(e); or
42	42	(3) communicate with one or more individuals for the
43	43	purpose of promoting sexual relations with an individual who is
44	44	younger than 18 years of age.
45	45	SECTION 1.004. Article 62.001, Code of Criminal Procedure,
46	46	is amended by amending Subdivisions (5), (6), and (10) and adding
47	47	Subdivisions (11) and (12) to read as follows:
48	48	(5) "Reportable conviction or adjudication" means a
49	49	conviction or adjudication, including an adjudication of
50	50	delinquent conduct or a deferred adjudication, that, regardless of
51	51	the pendency of an appeal, is a conviction for or an adjudication
52	52	for or based on:
53	53	(A) a violation of Section 21.02 (Continuous
54	54	sexual abuse of young child or children), 21.11 (Indecency with a
55	55	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
56	56	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
57	57	(B) a violation of Section 43.05 (Compelling
58	58	prostitution), 43.25 (Sexual performance by a child), or 43.26
59	59	(Possession or promotion of child pornography), Penal Code;
60	60	(C) a violation of Section 20.04(a)(4)
61	61	(Aggravated kidnapping), Penal Code, if the actor committed the
62	62	offense or engaged in the conduct with intent to violate or abuse
63	63	the victim sexually;
64	64	(D) a violation of Section 30.02 (Burglary),
65	65	Penal Code, if [the offense or conduct is punishable under
66	66	Subsection (d) of that section and] the actor committed the offense
67	67	or engaged in the conduct with intent to commit a felony listed in
68	68	Paragraph (A) or (C);
69	69	(E) a violation of Section 20.02 (Unlawful
70	70	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
71	71	Penal Code, if, as applicable:
72	72	(i) the judgment in the case contains an
73	73	affirmative finding under Article 42.0149 or 42.015; or
74	74	(ii) the order in the hearing or the papers
75	75	in the case contain an affirmative finding that:
76	76	(a) the victim or intended victim was
77	77	younger than 17 years of age; or
78	78	(b) the defendant or respondent
79	79	committed the offense or engaged in the conduct with the intent to
80	80	commit an offense or engage in conduct the conviction or
81	81	adjudication of which requires registration under this chapter;
82	82	(F) the second violation of Section 21.08
83	83	(Indecent exposure), Penal Code, but not if the second violation
84	84	results in a deferred adjudication or the functional equivalent of
85	85	a deferred adjudication;
86	86	(G) an attempt, conspiracy, or solicitation, as
87	87	defined by Chapter 15, Penal Code, to commit an offense or engage in
88	88	conduct listed in Paragraph (A), (B), (C), (D), or (E);
89	89	(H) a violation of the laws of another state, a
90	90	federally recognized Indian tribe, a territory of the United
91	91	States, the United States, or [federal law, the laws of] a foreign
92	92	country[,] or the Uniform Code of Military Justice for or based on
93	93	the violation of an offense containing elements that are
94	94	substantially similar to the elements of an offense listed under
95	95	Paragraph (A), (B), (C), (D), (E), (G), or (J), including a [but not
96	96	if the] violation that results in a deferred adjudication or the
97	97	functional equivalent of a deferred adjudication;
98	98	(I) the second violation of the laws of another
99	99	state, a federally recognized Indian tribe, a territory of the
100	100	United States, the United States, or [federal law, the laws of] a
101	101	foreign country[,] or the Uniform Code of Military Justice for or
102	102	based on the violation of an offense containing elements that are
103	103	substantially similar to the elements of the offense of indecent
104	104	exposure, but not if the second violation results in a deferred
105	105	adjudication or the functional equivalent of a deferred
106	106	adjudication; or
107	107	(J) a violation of Section 33.021 (Online
108	108	solicitation of a minor), Penal Code.
109	109	(6) "Sexually violent offense" means any of the
110	110	following offenses committed by a person 17 years of age or older:
111	111	(A) an offense under Section 21.02 (Continuous
112	112	sexual abuse of young child or children), 21.11(a)(1) (Indecency
113	113	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
114	114	sexual assault), Penal Code;
115	115	(B) an offense under Section 43.25 (Sexual
116	116	performance by a child), Penal Code;
117	117	(C) an offense under Section 20.04(a)(4)
118	118	(Aggravated kidnapping), Penal Code, if the defendant committed the
119	119	offense with intent to violate or abuse the victim sexually;
120	120	(D) an offense under Section 30.02 (Burglary),
121	121	Penal Code, if [the offense is punishable under Subsection (d) of
122	122	that section and] the defendant committed the offense with intent
123	123	to commit a felony listed in Paragraph (A) or (C) of Subdivision
124	124	(5); or
125	125	(E) an offense under the laws of another state, a
126	126	federally recognized Indian tribe, a territory of the United
127	127	States, the United States, or [federal law, the laws of] a foreign
128	128	country[,] or the Uniform Code of Military Justice if the offense
129	129	contains elements that are substantially similar to the elements of
130	130	an offense listed under Paragraph (A), (B), (C), or (D).
131	131	(10) "Extrajurisdictional registrant" means a person
132	132	who:
133	133	(A) is required to register as a sex offender
134	134	under:
135	135	(i) the laws of another state, a federally
136	136	recognized Indian tribe, or a territory of the United States with
137	137	which the department has entered into a reciprocal registration
138	138	agreement;
139	139	(ii) federal law or the Uniform Code of
140	140	Military Justice; or
141	141	(iii) the laws of a foreign country; and
142	142	(B) is not otherwise required to register under
143	143	this chapter because:
144	144	(i) the person does not have a reportable
145	145	conviction for an offense under the laws of the other state, a
146	146	federally recognized Indian tribe, a territory of the United
147	147	States, the United States, or [federal law, the laws of] the foreign
148	148	country[,] or the Uniform Code of Military Justice containing
149	149	elements that are substantially similar to the elements of an
150	150	offense requiring registration under this chapter; or
151	151	(ii) the person does not have a reportable
152	152	adjudication of delinquent conduct based on a violation of an
153	153	offense under the laws of the other state, a federally recognized
154	154	Indian tribe, a territory of the United States, the United States,
155	155	or [federal law, or the laws of] the foreign country containing
156	156	elements that are substantially similar to the elements of an
157	157	offense requiring registration under this chapter.
158	158	(11) "Internet communication identifier" means an
159	159	electronic mail address or other designation used for
160	160	self-identification or routing in Internet communication or
161	161	posting. The term includes a screen name.
162	162	(12) "Screen name" means any combination of letters,
163	163	numbers, punctuation marks, or special characters chosen by or for
164	164	an individual by which the individual is known when communicating
165	165	with another individual through the use of the Internet or
166	166	electronic mail. The term includes an alias, an assumed name, a
167	167	nickname, and a pseudonym. The term does not include an
168	168	individual's social security number, date of birth, or personal
169	169	identification number, unless that information is voluntarily
170	170	included by the individual in the combination of letters, numbers,
171	171	punctuation marks, or special characters.
172	172	SECTION 1.005. Articles 62.003(a) and (b), Code of Criminal
173	173	Procedure, are amended to read as follows:
174	174	(a) For the purposes of this chapter, the department is
175	175	responsible for determining whether an offense under the laws of
176	176	another state, a federally recognized Indian tribe, a territory of
177	177	the United States, the United States, or [federal law, the laws of]
178	178	a foreign country[,] or the Uniform Code of Military Justice
179	179	contains elements that are substantially similar to the elements of
180	180	an offense under the laws of this state.
181	181	(b) The department annually shall provide or make available
182	182	to each prosecuting attorney's office in this state:
183	183	(1) the criteria used in making a determination under
184	184	Subsection (a); and
185	185	(2) any existing record or compilation of offenses
186	186	under the laws of another state, a federally recognized Indian
187	187	tribe, a territory of the United States, the United States, and
188	188	[federal law, the laws of] a foreign country[,] and the Uniform Code
189	189	of Military Justice that the department has already determined to
190	190	contain elements that are substantially similar to the elements of
191	191	offenses under the laws of this state.
192	192	SECTION 1.006. Article 62.005, Code of Criminal Procedure,
193	193	is amended by amending Subsection (b) and adding Subsection (j) to
194	194	read as follows:
195	195	(b) The information contained in the database, including
196	196	the numeric risk level assigned to a person under this chapter, is
197	197	public information, with the exception of any information:
198	198	(1) regarding the person's social security number or
199	199	[,] driver's license number, or any home, work, or cellular
200	200	telephone number of the person;
201	201	(2) that is described [required] by [the department
202	202	under] Article 62.051(c)(7) or required by the department under
203	203	Article 62.051(c)(8); or
204	204	(3) that would identify the victim of the offense for
205	205	which the person is subject to registration.
206	206	(j) The department shall release all relevant information
207	207	described by Subsection (a) to the attorney general on the attorney
208	208	general's written request providing the department with a person's
209	209	name, driver's license number, personal identification certificate
210	210	number, license plate number, or Internet communication
211	211	identifier.
212	212	SECTION 1.007. Subchapter A, Chapter 62, Code of Criminal
213	213	Procedure, is amended by adding Article 62.0061 to read as follows:
214	214	Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION
215	215	IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE
216	216	PROVIDERS. (a) A commercial social networking site or Internet
217	217	service provider providing service in this state shall request from
218	218	the department, in the manner and form prescribed by the department
219	219	by rule, all Internet communication identifiers belonging to a
220	220	person listed in the computerized central database.
221	221	(b) On receipt of a request submitted under Subsection (a)
222	222	containing a person's name, driver's license number, personal
223	223	identification certificate number, or Internet communication
224	224	identifier, the department shall:
225	225	(1) confirm whether the person is required to register
226	226	under this chapter; and
227	227	(2) provide the networking site or service provider
228	228	with all Internet communication identifiers listed for the person
229	229	in the computerized central database.
230	230	(c) A commercial social networking site or Internet service
231	231	provider:
232	232	(1) may use information received under Subsection (b)
233	233	only to:
234	234	(A) prescreen persons seeking to use the site or
235	235	service; or
236	236	(B) preclude persons registered under this
237	237	chapter from using the site or service; and
238	238	(2) may not release or disclose any information
239	239	received under Subsection (b) that the networking site or service
240	240	provider obtained solely under Subsection (b).
241	241	(d) A commercial social networking site or Internet service
242	242	provider that receives information under Subsection (b) promptly
243	243	shall notify the department, the attorney general, and appropriate
244	244	local law enforcement authorities of any possible criminal activity
245	245	engaged in by a person with respect to whom information is provided
246	246	to the networking site or the service provider under Subsection
247	247	(b). The department, attorney general, and authorities shall
248	248	establish a uniform procedure for exchanging information regarding
249	249	any notification provided by a networking site or service provider
250	250	under this subsection.
251	251	(e) In this section, "commercial social networking site"
252	252	means any business, organization, or other similar entity operating
253	253	a website that permits persons to become registered users for the
254	254	purpose of establishing personal relationships with other users
255	255	through direct or real time communication with other users or the
256	256	creation of web pages or profiles available to the public or to
257	257	other users. The term does not include an electronic mail program
258	258	or a message board program.
259	259	(f) A commercial social networking site or Internet service
260	260	provider that fails to request information under Subsection (a),
261	261	uses information received under Subsection (b) in a manner other
262	262	than a manner described by Subsection (c)(1), or releases or
263	263	discloses information in violation of Subsection (c)(2) commits a
264	264	Class A misdemeanor.
265	265	SECTION 1.008. Article 62.051(c), Code of Criminal
266	266	Procedure, is amended to read as follows:
267	267	(c) The registration form shall require:
268	268	(1) the person's full name, [each alias,] date of
269	269	birth, sex, race, height, weight, eye color, hair color, social
270	270	security number, driver's license number, shoe size, and home
271	271	address, any home, work, or cellular telephone number of the
272	272	person, and each alias, assumed name, nickname, or pseudonym used
273	273	by the person;
274	274	(2) a recent color photograph or, if possible, an
275	275	electronic digital image of the person and a complete set of the
276	276	person's fingerprints;
277	277	(3) the type of offense the person was convicted of,
278	278	the age of the victim, the date of conviction, and the punishment
279	279	received;
280	280	(4) an indication as to whether the person is
281	281	discharged, paroled, or released on juvenile probation, community
282	282	supervision, or mandatory supervision;
283	283	(5) an indication of each license, as defined by
284	284	Article 62.005(g), that is held or sought by the person;
285	285	(6) an indication as to whether the person is or will
286	286	be employed, carrying on a vocation, or a student at a particular
287	287	public or private institution of higher education in this state or
288	288	another state, and the name and address of that institution; [and]
289	289	(7) the identification of any screen name, electronic
290	290	mail address, instant messaging address, or other Internet
291	291	communication identifier established or used by the person; and
292	292	(8) any other information required by the department.
293	293	SECTION 1.009. Article 62.052(b), Code of Criminal
294	294	Procedure, is amended to read as follows:
295	295	(b) The duty to register for an extrajurisdictional
296	296	registrant expires on the date the person's duty to register would
297	297	expire under, as applicable:
298	298	(1) the laws of the other state or the federally
299	299	recognized Indian tribe, territory of the United States, or foreign
300	300	country had the person remained in the applicable jurisdiction; or
301	301	(2) [that state or foreign country, under] federal
302	302	law[,] or [under] the Uniform Code of Military Justice[, as
303	303	applicable].
304	304	SECTION 1.010. Article 62.053(f), Code of Criminal
305	305	Procedure, is amended to read as follows:
306	306	(f) The local law enforcement authority shall include in the
307	307	notice to the superintendent of the public school district and to
308	308	the administrator of any private primary or secondary school
309	309	located in the public school district any information the authority
310	310	determines is necessary to protect the public, except:
311	311	(1) the person's social security number or [,]
312	312	driver's license number, or any home, work, or cellular telephone
313	313	number of the person; and
314	314	(2) any information that would identify the victim of
315	315	the offense for which the person is subject to registration.
316	316	SECTION 1.011. Article 62.054, Code of Criminal Procedure,
317	317	is amended to read as follows:
318	318	Art. 62.054. CIRCUMSTANCES REQUIRING NOTICE TO
319	319	SUPERINTENDENT OR SCHOOL ADMINISTRATOR. (a) A local law
320	320	enforcement authority shall provide notice to the superintendent
321	321	and each administrator under Article 62.053(e) or 62.055(f) only
322	322	if:
323	323	(1) the victim was at the time of the offense a child
324	324	younger than 17 years of age or a student enrolled in a public or
325	325	private secondary school;
326	326	(2) the person subject to registration is a student
327	327	enrolled in a public or private secondary school; or
328	328	(3) the basis on which the person is subject to
329	329	registration is a conviction, a deferred adjudication, or an
330	330	adjudication of delinquent conduct for an offense under Section
331	331	43.25 or 43.26, Penal Code, or an offense under the laws of another
332	332	state, a federally recognized Indian tribe, a territory of the
333	333	United States, the United States, or a foreign country [federal
334	334	law,] or the Uniform Code of Military Justice that contains
335	335	elements substantially similar to the elements of an offense under
336	336	either of those sections.
337	337	(b) A local law enforcement authority may not provide notice
338	338	to the superintendent or any administrator under Article 62.053(e)
339	339	or 62.055(f) if the basis on which the person is subject to
340	340	registration is a conviction, a deferred adjudication, or an
341	341	adjudication of delinquent conduct for an offense under Section
342	342	25.02, Penal Code, or an offense under the laws of another state, a
343	343	federally recognized Indian tribe, a territory of the United
344	344	States, the United States, or a foreign country [federal law,] or
345	345	the Uniform Code of Military Justice that contains elements
346	346	substantially similar to the elements of an offense under that
347	347	section.
348	348	SECTION 1.012. Article 62.055(g), Code of Criminal
349	349	Procedure, is amended to read as follows:
350	350	(g) The local law enforcement authority shall include in the
351	351	notice to the superintendent of the public school district and the
352	352	administrator of any private primary or secondary school located in
353	353	the public school district any information the authority determines
354	354	is necessary to protect the public, except:
355	355	(1) the person's social security number or [,]
356	356	driver's license number, or any home, work, or cellular telephone
357	357	number of the person; and
358	358	(2) any information that would identify the victim of
359	359	the offense for which the person is subject to registration.
360	360	SECTION 1.013. Articles 62.057(a) and (b), Code of Criminal
361	361	Procedure, are amended to read as follows:
362	362	(a) If the juvenile probation officer, community
363	363	supervision and corrections department officer, or parole officer
364	364	supervising a person subject to registration under this chapter
365	365	receives notice [information] to the effect that the accuracy or
366	366	completeness of any information contained in the person's
367	367	registration form has changed or that the person's status has
368	368	changed in any manner that affects proper supervision of the
369	369	person, including a change in the person's name, physical health,
370	370	job or educational status, including higher educational status,
371	371	incarceration, or terms of release, the supervising officer shall
372	372	promptly notify the appropriate local law enforcement authority or
373	373	authorities of that change. If the person required to register
374	374	intends to change address, the supervising officer shall notify the
375	375	local law enforcement authorities designated by Article
376	376	62.055(b). Not later than the seventh day after the date the
377	377	supervising officer receives the relevant information, the
378	378	supervising officer shall notify the local law enforcement
379	379	authority of any change in the person's job or educational status in
380	380	which the person:
381	381	(1) becomes employed, begins to carry on a vocation,
382	382	or becomes a student at a particular public or private institution
383	383	of higher education; or
384	384	(2) terminates the person's status in that capacity.
385	385	(b) Not later than the seventh day after the date of the
386	386	change, a person subject to registration under this chapter shall
387	387	report to the local law enforcement authority designated as the
388	388	person's primary registration authority by the department any
389	389	change in:
390	390	(1) the accuracy or completeness of any information
391	391	contained in the person's registration form; or
392	392	(2) the person's name, physical health, or job or
393	393	educational status, including higher educational status.
394	394	SECTION 1.014. Article 62.301, Code of Criminal Procedure,
395	395	is amended by amending Subsection (a) and adding Subsection (c-1)
396	396	to read as follows:
397	397	(a) If eligible under Subsection (b), [or] (c), or (c-1), a
398	398	person required to register under this chapter may petition the
399	399	court having jurisdiction over the case for an order exempting the
400	400	person from registration under this chapter at any time after the
401	401	person's sentencing or after the person is placed on deferred
402	402	adjudication community supervision.
403	403	(c-1)(1) This subsection applies to a person who is:
404	404	(A) required to register under this chapter only
405	405	as a result of a single reportable conviction or adjudication,
406	406	other than an adjudication of delinquent conduct, for an offense
407	407	under a law described by Article 62.001(5)(H) and containing
408	408	elements that are substantially similar to the elements of an
409	409	offense under Section 21.11, 22.011, 22.021, or 43.25, Penal Code;
410	410	and
411	411	(B) not required to register as a sex offender
412	412	under the law described by Article 62.001(5)(H) or is required to
413	413	register as a sex offender under that law but is eligible under that
414	414	law to petition a court for an order exempting the person from
415	415	registration and has not been denied the exemption.
416	416	(2) A person to whom this subsection applies is
417	417	eligible, in the manner described by Subsection (a), to petition a
418	418	district court of the county in which the person's primary
419	419	registration authority is located. The court may consider the
420	420	petition only if the petition states and the court finds that the
421	421	person would have been entitled to the entry of an affirmative
422	422	finding under Article 42.017 or Section 5(g), Article 42.12, as
423	423	appropriate, had the conviction or placement on deferred
424	424	adjudication community supervision occurred under the laws of this
425	425	state on or after September 1, 2001.
426	426	SECTION 1.015. Article 62.402, Code of Criminal Procedure,
427	427	is amended to read as follows:
428	428	Art. 62.402. DETERMINATION OF MINIMUM REQUIRED
429	429	REGISTRATION PERIOD. (a) The department [council] by rule shall
430	430	determine the minimum required registration period under the Adam
431	431	Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Section
432	432	16901 et seq.) [14071 (Jacob Wetterling Crimes Against Children and
433	433	Sexually Violent Offender Registration Program)] for each
434	434	reportable conviction or adjudication under this chapter, if this
435	435	state is to receive the maximum amount of federal money available to
436	436	a state as described by that law.
437	437	(b) After determining the minimum required registration
438	438	period for each reportable conviction or adjudication under
439	439	Subsection (a), the department [council] shall compile and publish
440	440	a list of reportable convictions or adjudications for which a
441	441	person must register under this chapter for a period that exceeds
442	442	the minimum required registration period under federal law.
443	443	(c) To the extent possible, the department [council] shall
444	444	periodically verify with the Office of Sex Offender Sentencing,
445	445	Monitoring, Apprehending, Registering, and Tracking [Bureau of
446	446	Justice Assistance] or another appropriate federal agency the
447	447	accuracy of the list of reportable convictions or adjudications
448	448	described by Subsection (b).
449	449	SECTION 1.016. Section 54.04, Family Code, is amended by
450	450	adding Subsection (y) to read as follows:
451	451	(y) A judge who orders a disposition under this section for
452	452	delinquent conduct based on a violation of Section 20.02, Penal
453	453	Code, shall make an affirmative finding of fact and enter the
454	454	affirmative finding in the order if the judge determines that the
455	455	respondent engaged in the conduct with the intent to engage in
456	456	conduct the adjudication of which subjects the respondent to
457	457	registration under Chapter 62.
458	458	SECTION 1.017. Subchapter F, Chapter 508, Government Code,
459	459	is amended by adding Section 508.1861 to read as follows:
460	460	Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
461	461	SEX OFFENDERS. If the parole panel releases on parole or to
462	462	mandatory supervision a person who is serving a sentence for an
463	463	offense under Section 33.021, Penal Code, or who is assigned a
464	464	numeric risk level of three based on an assessment conducted under
465	465	Article 62.007, Code of Criminal Procedure, the parole panel as a
466	466	condition of parole or mandatory supervision shall prohibit the
467	467	release from using the Internet to:
468	468	(1) access pornographic material;
469	469	(2) access a commercial social networking site, as
470	470	defined by Article 62.0061(e), Code of Criminal Procedure; or
471	471	(3) communicate with one or more individuals for the
472	472	purpose of promoting sexual relations with an individual who is
473	473	younger than 18 years of age.
474	474	SECTION 1.018. Article 42.0149, Code of Criminal Procedure,
475	475	Section 5(k), Article 42.12, Code of Criminal Procedure, and
476	476	Section 54.04(y), Family Code, as added by this Act, apply only to a
477	477	judgment of conviction entered on or after the effective date of
478	478	this Act, a grant of deferred adjudication made on or after the
479	479	effective date of this Act, or a disposition of delinquent conduct
480	480	made on or after the effective date of this Act.
481	481	SECTION 1.019. The changes in law made by this Act in adding
482	482	Section 11(j), Article 42.12, Code of Criminal Procedure, and
483	483	Section 508.1861, Government Code, apply only to a person who is
484	484	placed on community supervision or released on parole or to
485	485	mandatory supervision on or after the effective date of this Act.
486	486	SECTION 1.020. (a) The change in law made by this Act in
487	487	amending Chapter 62, Code of Criminal Procedure, applies to any
488	488	person who, on or after the effective date of this Act, is subject
489	489	to registration under that chapter regardless of whether the
490	490	offense or conduct for which the person is subject to registration
491	491	was committed or engaged in before, on, or after the effective date
492	492	of this Act.
493	493	(b) The Texas Department of Public Safety is not required to
494	494	implement, and a person is not required to comply with Article
495	495	62.0061, Code of Criminal Procedure, as added by this Act, before
496	496	January 1, 2010.
497	497	ARTICLE 2. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
498	498	SECTION 2.001. Subtitle B, Title 4, Government Code, is
499	499	amended by adding Chapter 420A to read as follows:
500	500	CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT
501	501	Sec. 420A.001. DEFINITIONS. In this chapter:
502	502	(1) "Board" means the governing board of the Office of
503	503	Violent Sex Offender Management.
504	504	(2) "Office" means the Office of Violent Sex Offender
505	505	Management.
506	506	Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of
507	507	Violent Sex Offender Management is a state agency.
508	508	(b) The office is governed by a board composed of the
509	509	following three members appointed by the governor:
510	510	(1) one member experienced in the management of sex
511	511	offenders;
512	512	(2) one member experienced in the investigation or
513	513	prosecution of sex offenses; and
514	514	(3) one member experienced in counseling or advocating
515	515	on behalf of victims of sexual assault.
516	516	(c) Members of the board serve staggered two-year terms.
517	517	Two members' terms expire February 1 of each even-numbered year and
518	518	one member's term expires February 1 of each odd-numbered year.
519	519	(d) A member of the board is entitled to travel expenses
520	520	incurred in performing official duties and to a per diem equal to
521	521	the maximum amount allowed on January 1 of that year for federal
522	522	employees per diem for federal income tax purposes, subject to the
523	523	same limitations provided for members of state boards and
524	524	commissions in the General Appropriations Act.
525	525	Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The
526	526	governor shall designate a member of the board as presiding
527	527	officer. The presiding officer serves at the discretion of the
528	528	governor.
529	529	(b) The board shall meet at least once each month and at
530	530	other times at the call of the presiding officer.
531	531	Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex
532	532	Offender Management is subject to Chapter 325 (Texas Sunset Act).
533	533	Unless continued in existence as provided by that chapter, the
534	534	office is abolished and this chapter expires September 1, 2021.
535	535	Sec. 420A.005. STAFF. The office may select and employ a
536	536	general counsel, staff attorneys, and other staff necessary to
537	537	perform the office's functions.
538	538	Sec. 420A.006. SALARY CAREER LADDER FOR CASE MANAGERS. (a)
539	539	The board shall adopt a salary career ladder for case managers. The
540	540	salary career ladder must base a case manager's salary on the
541	541	manager's classification and years of service with the office.
542	542	(b) For purposes of the salary schedule, the office shall
543	543	classify all case manager positions as Case Manager I, Case Manager
544	544	II, Case Manager III, Case Manager IV, or Case Manager V.
545	545	(c) Under the salary career ladder adopted under Subsection
546	546	(a), a case manager to whom the schedule applies and who received an
547	547	overall evaluation of at least satisfactory in the case manager's
548	548	most recent annual evaluation is entitled to an annual salary
549	549	increase, during each of the case manager's first 10 years of
550	550	service in a designated case manager classification as described by
551	551	Subsection (b), equal to one-tenth of the difference between:
552	552	(1) the case manager's current annual salary; and
553	553	(2) the minimum annual salary of a case manager in the
554	554	next highest classification.
555	555	Sec. 420A.007. POWERS AND DUTIES. The office shall perform
556	556	appropriate functions related to the sex offender civil commitment
557	557	program provided under Chapter 841, Health and Safety Code,
558	558	including functions related to the provision of treatment and
559	559	supervision to civilly committed sex offenders.
560	560	SECTION 2.002. Sections 841.002(3) and (4), Health and
561	561	Safety Code, are amended to read as follows:
562	562	(3) "Case manager" means a person employed by or under
563	563	contract with the office [council] to perform duties related to
564	564	outpatient treatment and supervision of a person committed under
565	565	this chapter.
566	566	(4) "Office" ["Council"] means the Office of Violent
567	567	Sex Offender Management [Council on Sex Offender Treatment].
568	568	SECTION 2.003. Section 841.003(b), Health and Safety Code,
569	569	is amended to read as follows:
570	570	(b) A person is a repeat sexually violent offender for the
571	571	purposes of this chapter:
572	572	(1) if the person:
573	573	(A) is convicted of more than one sexually
574	574	violent offense and a sentence is imposed for at least one of the
575	575	offenses;
576	576	(B) is adjudicated to have more than once engaged
577	577	in delinquent conduct constituting any of the following sexually
578	578	violent offenses, if the person is committed to the Texas Youth
579	579	Commission for at least one instance of that conduct, or is
580	580	adjudicated more than once to have engaged in delinquent conduct
581	581	constituting any of the following sexually violent offenses, if
582	582	based on the most recent adjudication the person is committed to the
583	583	Texas Youth Commission:
584	584	(i) an offense under Section 22.011 or
585	585	22.021, Penal Code;
586	586	(ii) an offense under Section 20.04(a)(4),
587	587	Penal Code, that is described by Section 841.002(8)(B);
588	588	(iii) an offense under Section 19.02 or
589	589	19.03, Penal Code, that is described by Section 841.002(8)(D);
590	590	(iv) an attempt, conspiracy, or
591	591	solicitation, as defined by Chapter 15, Penal Code, to commit an
592	592	offense listed in Subparagraph (i), (ii), or (iii);
593	593	(v) an offense under prior state law that
594	594	contains elements substantially similar to the elements of an
595	595	offense listed in Subparagraph (i), (ii), (iii), or (iv); or
596	596	(vi) an offense under the law of another
597	597	state, federal law, or the Uniform Code of Military Justice that
598	598	contains elements substantially similar to the elements of an
599	599	offense listed in Subparagraph (i), (ii), (iii), or (iv); or
600	600	(C) for a person who is not otherwise described
601	601	by Paragraph (B), is adjudicated to have three or more times engaged
602	602	in delinquent conduct constituting any sexually violent offense, if
603	603	the person is committed to the Texas Youth Commission for at least
604	604	one instance of that conduct, or is adjudicated more than once to
605	605	have engaged in delinquent conduct constituting any sexually
606	606	violent offense if the conduct is composed of three or more
607	607	instances of a sexually violent offense and if based on the most
608	608	recent adjudication the person is committed to the Texas Youth
609	609	Commission; or
610	610	(2) if:
611	611	(A) [(1)] the person:
612	612	(i) [(A)] is convicted of a sexually
613	613	violent offense, regardless of whether the sentence for the offense
614	614	was ever imposed or whether the sentence was probated and the person
615	615	was subsequently discharged from community supervision;
616	616	(ii) [(B)] enters a plea of guilty or nolo
617	617	contendere for a sexually violent offense in return for a grant of
618	618	deferred adjudication;
619	619	(iii) [(C)] is adjudged not guilty by
620	620	reason of insanity of a sexually violent offense; or
621	621	(iv) [(D)] is adjudicated by a juvenile
622	622	court in this state, or by a juvenile court in another jurisdiction
623	623	under a law described by Section 841.002(8)(G), as having engaged
624	624	in delinquent conduct constituting a sexually violent offense and
625	625	is committed, as applicable, to the Texas Youth Commission under
626	626	Section 54.04(d)(3) or (m), Family Code, or a functionally
627	627	equivalent secure juvenile correctional facility in another
628	628	jurisdiction in a manner that is functionally equivalent to a
629	629	commitment under Section 54.04(d)(3) or (m), Family Code; and
630	630	(B) [(2)] after the date on which under Paragraph
631	631	(A) [Subdivision (1)] the person is convicted, receives a grant of
632	632	deferred adjudication, is adjudged not guilty by reason of
633	633	insanity, or is adjudicated by a juvenile court as having engaged in
634	634	delinquent conduct, the person commits or engages in delinquent
635	635	conduct constituting a sexually violent offense for which the
636	636	person:
637	637	(i) [(A)] is convicted, but only if the
638	638	sentence for the offense is imposed;
639	639	(ii) receives a determinate sentence under
640	640	Section 54.04(d)(3) or (m), Family Code, and is transferred to the
641	641	Texas Department of Criminal Justice; or
642	642	(iii) [(B)] is adjudged not guilty by
643	643	reason of insanity.
644	644	SECTION 2.004. Section 841.007, Health and Safety Code, is
645	645	amended to read as follows:
646	646	Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER
647	647	MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of
648	648	Violent Sex Offender Management [Council on Sex Offender Treatment]
649	649	is responsible for providing appropriate and necessary treatment
650	650	and supervision through the case management system.
651	651	SECTION 2.005. Section 841.022(a), Health and Safety Code,
652	652	is amended to read as follows:
653	653	(a) The executive director of the Texas Department of
654	654	Criminal Justice and the commissioner of the [Texas] Department of
655	655	State Health Services [Mental Health and Mental Retardation]
656	656	jointly shall establish a multidisciplinary team to review
657	657	available records of a person referred to the team under Section
658	658	841.021. The team must include:
659	659	(1) two persons from the [Texas] Department of State
660	660	Health Services [Mental Health and Mental Retardation];
661	661	(2) two persons from the Texas Department of Criminal
662	662	Justice, one of whom must be from the victim services office of that
663	663	department;
664	664	(3) one person from the Texas Department of Public
665	665	Safety; and
666	666	(4) two persons from the office [council] or office
667	667	[council] personnel.
668	668	SECTION 2.006. Section 841.062, Health and Safety Code, is
669	669	amended by adding Subsection (c) to read as follows:
670	670	(c) A determination that a person is a sexually violent
671	671	predator must be supported by the testimony of two experts if the
672	672	person is a repeat sexually violent offender described by Section
673	673	841.003(b)(1)(B) or (C).
674	674	SECTION 2.007. Sections 841.082(a) and (c), Health and
675	675	Safety Code, are amended to read as follows:
676	676	(a) Before entering an order directing a person's
677	677	outpatient civil commitment, the judge shall impose on the person
678	678	requirements necessary to ensure the person's compliance with
679	679	treatment and supervision and to protect the community. The
680	680	requirements shall include:
681	681	(1) requiring the person to reside in a Texas
682	682	residential facility under contract with the office [council] or at
683	683	another location or facility approved by the office [council];
684	684	(2) prohibiting the person's contact with a victim or
685	685	potential victim of the person;
686	686	(3) prohibiting the person's possession or use of
687	687	alcohol, inhalants, or a controlled substance;
688	688	(4) requiring the person's participation in and
689	689	compliance with a specific course of treatment;
690	690	(5) requiring the person to:
691	691	(A) submit to tracking under a particular type of
692	692	tracking service and to any other appropriate supervision; and
693	693	(B) refrain from tampering with, altering,
694	694	modifying, obstructing, or manipulating the tracking equipment;
695	695	(6) prohibiting the person from changing the person's
696	696	residence without prior authorization from the judge and from
697	697	leaving the state without that prior authorization;
698	698	(7) if determined appropriate by the judge,
699	699	establishing a child safety zone in the same manner as a child
700	700	safety zone is established by a judge under Section 13B, Article
701	701	42.12, Code of Criminal Procedure, and requiring the person to
702	702	comply with requirements related to the safety zone;
703	703	(8) requiring the person to notify the case manager
704	704	immediately but in any event within 24 hours of any change in the
705	705	person's status that affects proper treatment and supervision,
706	706	including a change in the person's physical health or job status and
707	707	including any incarceration of the person; and
708	708	(9) any other requirements determined necessary by the
709	709	judge.
710	710	(c) The judge shall provide a copy of the requirements
711	711	imposed under Subsection (a) to the person and to the office
712	712	[council]. The office [council] shall provide a copy of those
713	713	requirements to the case manager and to the service providers.
714	714	SECTION 2.008. Section 841.083, Health and Safety Code, is
715	715	amended to read as follows:
716	716	Sec. 841.083. TREATMENT; SUPERVISION. (a) The office
717	717	[council] shall approve and contract for the provision of a
718	718	treatment plan for the committed person to be developed by the
719	719	treatment provider. A treatment plan may include the monitoring of
720	720	the person with a polygraph or plethysmograph. The treatment
721	721	provider may receive annual compensation in an amount not to exceed
722	722	$6,000 for providing the required treatment.
723	723	(b) The case manager shall provide supervision to the
724	724	person. The provision of supervision shall include a tracking
725	725	service and, if required by court order, supervised housing.
726	726	(c) The office [council] shall enter into appropriate
727	727	memoranda of understanding with the Texas Department of Public
728	728	Safety for the provision of a tracking service and for assistance in
729	729	the preparation of criminal complaints, warrants, and related
730	730	documents and in the apprehension and arrest of a person.
731	731	(c-1) Notwithstanding Subsection (c) or any other provision
732	732	of this subchapter, the office [council] shall provide through the
733	733	case management system any supervision or tracking service required
734	734	under this chapter for persons residing in Dallas, Harris, or
735	735	Tarrant County. The office [council] shall provide the tracking
736	736	service under this subsection through two employees of the
737	737	Department of State Health Services. Any tracking personnel used
738	738	by the department for purposes of this chapter must be approved by
739	739	the office [council].
740	740	(c-2) If the equipment necessary to implement the tracking
741	741	service is available through a contract entered into by the
742	742	comptroller, the Department of Public Safety or the office
743	743	[council], as appropriate, shall acquire that equipment through
744	744	that contract.
745	745	(d) The office [council] shall enter into appropriate
746	746	memoranda of understanding for any necessary supervised housing.
747	747	The office [council] shall reimburse the applicable provider for
748	748	housing costs under this section. The committed person may not be
749	749	housed for any period [of time] in a mental health facility, state
750	750	school, or community center, unless the placement results from a
751	751	commitment of the person to that facility, school, or center by
752	752	governmental action. In this subsection:
753	753	(1) "Community center" means a center established
754	754	under Subchapter A, Chapter 534.
755	755	(2) "Mental health facility" has the meaning assigned
756	756	by Section 571.003.
757	757	(3) "State school" has the meaning assigned by Section
758	758	531.002.
759	759	(e) The case manager shall:
760	760	(1) coordinate the outpatient treatment and
761	761	supervision required by this chapter, including performing a
762	762	periodic assessment of the success of that treatment and
763	763	supervision;
764	764	(2) make timely recommendations to the judge on
765	765	whether to allow the committed person to change residence or to
766	766	leave the state and on any other appropriate matters; and
767	767	(3) provide a report to the office [council],
768	768	semiannually or more frequently as necessary, which must include:
769	769	(A) any known change in the person's status that
770	770	affects proper treatment and supervision; and
771	771	(B) any recommendations made to the judge.
772	772	SECTION 2.009. Section 841.084, Health and Safety Code, is
773	773	amended to read as follows:
774	774	Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding
775	775	Section 841.146(c), a civilly committed person who is not indigent
776	776	is responsible for the cost of the tracking service required by
777	777	Section 841.082 and monthly shall pay to the office [council] the
778	778	amount that the office [council] determines will be necessary to
779	779	defray the cost of operating the service with respect to the person
780	780	during the subsequent month. The office [council] immediately
781	781	shall transfer the money to the appropriate service provider.
782	782	SECTION 2.010. Section 841.101, Health and Safety Code, is
783	783	amended to read as follows:
784	784	Sec. 841.101. BIENNIAL EXAMINATION. (a) A person
785	785	committed under Section 841.081 shall receive a biennial
786	786	examination. The office [council] shall contract for an expert to
787	787	perform the examination.
788	788	(b) In preparation for a judicial review conducted under
789	789	Section 841.102, the case manager shall provide a report of the
790	790	biennial examination to the judge. The report must include
791	791	consideration of whether to modify a requirement imposed on the
792	792	person under this chapter and whether to release the person from all
793	793	requirements imposed on the person under this chapter. The case
794	794	manager shall provide a copy of the report to the office [council].
795	795	SECTION 2.011. Section 841.141, Health and Safety Code, is
796	796	amended to read as follows:
797	797	Sec. 841.141. RULEMAKING AUTHORITY. (a) The office
798	798	[council] by rule shall administer this chapter. Rules adopted by
799	799	the office [council] under this section must be consistent with the
800	800	purposes of this chapter.
801	801	(b) The office [council] by rule shall develop standards of
802	802	care and case management for persons committed under this chapter.
803	803	SECTION 2.012. Sections 841.142(c) and (d), Health and
804	804	Safety Code, are amended to read as follows:
805	805	(c) On the written request of any attorney for another state
806	806	or for a political subdivision in another state, the Texas
807	807	Department of Criminal Justice, the office [council], a service
808	808	provider contracting with one of those agencies, the
809	809	multidisciplinary team, and the attorney representing the state
810	810	shall release to the attorney any available information relating to
811	811	a person that is sought in connection with an attempt to civilly
812	812	commit the person as a sexually violent predator in another state.
813	813	(d) To protect the public and to enable an assessment or
814	814	determination relating to whether a person is a sexually violent
815	815	predator or to enable the provision of supervision and treatment to
816	816	a person who is a sexually violent predator, the Texas Department of
817	817	Criminal Justice, the office [council], a service provider
818	818	contracting with one of those agencies, the multidisciplinary team,
819	819	and the attorney representing the state may exchange any available
820	820	information relating to the person.
821	821	SECTION 2.013. Section 841.147, Health and Safety Code, is
822	822	amended to read as follows:
823	823	Sec. 841.147. IMMUNITY. The following persons are immune
824	824	from liability for good faith conduct under this chapter:
825	825	(1) an employee or officer of the Texas Department of
826	826	Criminal Justice, the Department of State Health Services, the
827	827	Department of Aging and Disability Services, or the office
828	828	[council];
829	829	(2) a member of the multidisciplinary team established
830	830	under Section 841.022;
831	831	(3) an employee of the civil division of the special
832	832	prosecution unit charged with initiating and pursuing civil
833	833	commitment proceedings under this chapter; and
834	834	(4) a person providing, or contracting, appointed, or
835	835	volunteering to perform, a tracking service or another service
836	836	under this chapter.
837	837	SECTION 2.014. Subchapter H, Chapter 841, Health and Safety
838	838	Code, is amended by adding Section 841.151 to read as follows:
839	839	Sec. 841.151. NOTICE OF RELEASE OF SEXUALLY VIOLENT
840	840	PREDATOR. (a) In this section:
841	841	(1) "Correctional facility" has the meaning assigned
842	842	by Section 1.07, Penal Code.
843	843	(2) "Secure correctional facility" and "secure
844	844	detention facility" have the meanings assigned by Section 51.02,
845	845	Family Code.
846	846	(b) This section applies to a person who has been civilly
847	847	committed under this chapter and who is detained or confined in a
848	848	correctional facility, secure correctional facility, or secure
849	849	detention facility as a result of violating:
850	850	(1) a civil commitment requirement imposed under
851	851	Section 841.082; or
852	852	(2) a law of this state.
853	853	(c) Not later than the day preceding the date a correctional
854	854	facility, secure correctional facility, or secure detention
855	855	facility releases a person who, at the time of the person's
856	856	detention or confinement, was civilly committed under this chapter
857	857	as a sexually violent predator, the facility shall notify the
858	858	person's case manager in writing of the anticipated date and time of
859	859	the person's release.
860	860	(d) A case manager, on request, shall provide a correctional
861	861	facility, a secure correctional facility, or a secure detention
862	862	facility with the case manager's appropriate contact information
863	863	for notification under Subsection (c).
864	864	SECTION 2.015. The functions of the Council on Sex Offender
865	865	Treatment that relate to the sex offender civil commitment program
866	866	are transferred to the Office of Violent Sex Offender Management.
867	867	SECTION 2.016. As soon as possible after the effective date
868	868	of this Act, the governor shall appoint three members to the Office
869	869	of Violent Sex Offender Management.
870	870	SECTION 2.017. (a) The Office of Violent Sex Offender
871	871	Management and the Council on Sex Offender Treatment shall
872	872	coordinate the transfer of functions relating to the sex offender
873	873	civil commitment program as required by this Act.
874	874	(b) The transfer of all functions relating to the sex
875	875	offender civil commitment program to the Office of Violent Sex
876	876	Offender Management shall be accomplished as soon as possible but
877	877	not later than the 45th day after the date that the last member of
878	878	the Office of Violent Sex Offender Management qualifies for office.
879	879	(c) The transfer required by this Act includes the transfer
880	880	of all assets, duties, powers, obligations, and liabilities,
881	881	including contracts, leases, real or personal property, funds,
882	882	employees, furniture, computers and other equipment, and files and
883	883	related materials used by the Council on Sex Offender Treatment in
884	884	performing the functions relating to the sex offender civil
885	885	commitment program that are transferred by this Act.
886	886	(d) A form, rule, or procedure adopted by the Health and
887	887	Human Services Commission or the Department of State Health
888	888	Services in relation to the Council on Sex Offender Treatment that
889	889	is in effect on the effective date of this Act remains in effect on
890	890	and after that date as if adopted by the Office of Violent Sex
891	891	Offender Management until amended, repealed, withdrawn, or
892	892	otherwise superseded by that office.
893	893	(e) All unexpended appropriations for functions relating to
894	894	the sex offender civil commitment program that are made for use by
895	895	the Council on Sex Offender Treatment are transferred to the Office
896	896	of Violent Sex Offender Management.
897	897	(f) The Office of Violent Sex Offender Management shall
898	898	publish in the Texas Register the date on which the transfer of
899	899	functions under this Act is accomplished.
900	900	SECTION 2.018. After the effective date of this Act, the
901	901	Council on Sex Offender Treatment shall continue to perform
902	902	applicable functions until the transfer of functions required by
903	903	this Act is completed, and the laws providing for those functions
904	904	are continued in effect for that purpose.
905	905	ARTICLE 3. EFFECTIVE DATE
906	906	SECTION 3.001. This Act takes effect September 1, 2009.