By: Shapiro, Nelson S.B. No. 689
(In the Senate - Filed February 5, 2009; February 23, 2009,
read first time and referred to Committee on Criminal Justice;
April 29, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 29, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 689 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use of the Internet by sex offenders
and to the reporting, collection, and exchange of information
regarding those offenders; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 13E to read as follows:
Sec. 13E. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX
OFFENDERS. (a) This section applies only to a person who is
required to register as a sex offender under Chapter 62, by court
order or otherwise, and:
(1) is convicted of or receives a grant of deferred
adjudication community supervision for a violation of Section
21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
Code;
(2) used the Internet or any other type of electronic
device used for Internet access to commit the offense or engage in
the conduct for which the person is required to register under
Chapter 62; or
(3) is assigned a numeric risk level of three based on
an assessment conducted under Article 62.007.
(b) If the court grants community supervision to a defendant
described by Subsection (a), the court as a condition of community
supervision shall prohibit the defendant from using the Internet
to:
(1) access material that is obscene as defined by
Section 43.21, Penal Code;
(2) access a commercial social networking site, as
defined by Article 62.0061(f);
(3) communicate with any individual concerning sexual
relations with an individual who is younger than 17 years of age; or
(4) communicate with another individual the defendant
knows is younger than 17 years of age.
(c) The court may modify at any time the condition described
by Subsection (b)(4) if:
(1) the condition interferes with the defendant's
ability to attend school or become or remain employed and
consequently constitutes an undue hardship for the defendant; or
(2) the defendant is the parent or guardian of an
individual who is younger than 17 years of age and the defendant is
not otherwise prohibited from communicating with that individual.
SECTION 2. Article 62.001, Code of Criminal Procedure, is
amended by adding Subdivision (11) to read as follows:
(11) "Online identifier" means electronic mail
address information or a name used by a person when sending or
receiving an instant message, social networking communication, or
similar Internet communication or when participating in an Internet
chat. The term includes an assumed name, nickname, pseudonym,
moniker, or user name established by a person for use in connection
with an electronic mail address, chat or instant chat room
platform, commercial social networking site, or online
picture-sharing service.
SECTION 3. Article 62.005, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (j) to
read as follows:
(b) The information contained in the database, including
the numeric risk level assigned to a person under this chapter, is
public information, with the exception of any information:
(1) regarding the person's social security number
or[,] driver's license number, or any home, work, or cellular
telephone number of the person;
(2) that is described [required] by [the department
under] Article 62.051(c)(7) or required by the department under
Article 62.051(c)(8); or
(3) that would identify the victim of the offense for
which the person is subject to registration.
(j) The department, for law enforcement purposes, shall
release all relevant information described by Subsection (a),
including information that is not public information under
Subsection (b), to a peace officer, an employee of a local law
enforcement authority, or the attorney general on the request of
the applicable person or entity.
SECTION 4. Subchapter A, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0061 to read as follows:
Art. 62.0061. REQUEST FOR ONLINE IDENTIFIERS BY SOCIAL
NETWORKING SITES. (a) On request by a commercial social
networking site, the department may provide to the commercial
social networking site:
(1) all public information that is contained in the
database maintained under Article 62.005; and
(2) notwithstanding Article 62.005(b)(2), any online
identifier established or used by a person who uses the site, is
seeking to use the site, or is precluded from using the site.
(b) The department by rule shall establish a procedure
through which a commercial social networking site may request
information under Subsection (a), including rules regarding the
eligibility of commercial social networking sites to request
information under Subsection (a). The department shall consult
with the attorney general, other appropriate state agencies, and
other appropriate entities in adopting rules under this subsection.
(c) A commercial social networking site or the site's agent:
(1) may use information received under Subsection (a)
only to:
(A) prescreen persons seeking to use the site; or
(B) preclude persons registered under this
chapter from using the site; and
(2) may not use any information received under
Subsection (a) that the networking site obtained solely under
Subsection (a) in any manner not described by Subdivision (1).
(d) A commercial social networking site that uses
information received under Subsection (a) in any manner not
described by Subsection (c)(1) or that violates a rule adopted by
the department under Subsection (b) is subject to a civil penalty of
$1,000 for each misuse of information or rule violation. A
commercial social networking site that is assessed a civil penalty
under this article shall pay, in addition to the civil penalty, all
court costs, investigative costs, and attorney's fees associated
with the assessment of the penalty. A civil penalty assessed under
this subsection shall be deposited to the compensation to victims
of crime fund established under Subchapter B, Chapter 56.
(e) This article does not create a private cause of action
against a commercial social networking site, including a cause of
action that is based on the site:
(1) identifying, removing, disabling, blocking, or
otherwise affecting the user of a commercial social networking
site, based on a good faith belief that the person is required to
register as a sex offender under this chapter or federal law; or
(2) failing to identify, remove, disable, block, or
otherwise affect the user of a commercial social networking site
who is required to register as a sex offender under this chapter or
federal law.
(f) In this article, "commercial social networking site":
(1) means an Internet website that:
(A) allows users, through the creation of
Internet web pages or profiles or other similar means, to provide
personal information to the public or other users of the Internet
website;
(B) offers a mechanism for communication with
other users of the Internet website; and
(C) has the primary purpose of facilitating
online social interactions; and
(2) does not include an Internet service provider,
unless the Internet service provider separately operates and
directly derives revenue from an Internet website described by
Subdivision (1).
SECTION 5. Subsection (c), Article 62.051, Code of Criminal
Procedure, is amended 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 used by the person and any home, work, or
cellular telephone number of 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 online identifier
established or used by the person; and
(8) any other information required by the department.
SECTION 6. Subsection (f), Article 62.053, Code of Criminal
Procedure, is amended to read as follows:
(f) The local law enforcement authority shall include in the
notice to the superintendent of the public school district and to
the administrator of any private primary or secondary school
located in the public school district any information the authority
determines is necessary to protect the public, except:
(1) the person's social security number or[,] driver's
license number, or any home, work, or cellular telephone number of
the person; and
(2) any information that would identify the victim of
the offense for which the person is subject to registration.
SECTION 7. Subsection (g), Article 62.055, Code of Criminal
Procedure, is amended to read as follows:
(g) The local law enforcement authority shall include in the
notice to the superintendent of the public school district and the
administrator of any private primary or secondary school located in
the public school district any information the authority determines
is necessary to protect the public, except:
(1) the person's social security number or[,] driver's
license number, or any home, work, or cellular telephone number of
the person; and
(2) any information that would identify the victim of
the offense for which the person is subject to registration.
SECTION 8. Subchapter B, Chapter 62, Code of Criminal
Procedure, is amended by adding Article 62.0551 to read as follows:
Art. 62.0551. CHANGE IN ONLINE IDENTIFIERS. (a) If a
person required to register under this chapter changes any online
identifier included on the person's registration form or
establishes any new online identifier not already included on the
person's registration form, the person, not later than the later of
the seventh day after the change or establishment or the first date
the applicable authority by policy allows the person to report,
shall report the change or establishment to the person's primary
registration authority in the manner prescribed by the authority.
(b) A primary registration authority that receives
information under this article shall forward information in the
same manner as information received by the authority under Article
62.055.
SECTION 9. Subsections (a) and (b), Article 62.057, Code of
Criminal Procedure, are amended to read as follows:
(a) If the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising a person subject to registration under this chapter
receives information to the effect that the person's status has
changed in any manner that affects proper supervision of the
person, including a change in the person's name, online
identifiers, physical health, job or educational status, including
higher educational status, incarceration, or terms of release, the
supervising officer shall promptly notify the appropriate local law
enforcement authority or authorities of that change. If the person
required to register intends to change address, the supervising
officer shall notify the local law enforcement authorities
designated by Article 62.055(b). Not later than the seventh day
after the date the supervising officer receives the relevant
information, the supervising officer shall notify the local law
enforcement authority of any change in the person's job or
educational status in which the person:
(1) becomes employed, begins to carry on a vocation,
or becomes a student at a particular public or private institution
of higher education; or
(2) terminates the person's status in that capacity.
(b) Not later than the later of the seventh day after the
date of the change or the first date the applicable authority by
policy allows the person to report, a person subject to
registration under this chapter shall report to the local law
enforcement authority designated as the person's primary
registration authority by the department any change in the person's
name, online identifiers, physical health, or job or educational
status, including higher educational status.
SECTION 10. 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) This section applies only to a person who, on
release, will be required to register as a sex offender under
Chapter 62, Code of Criminal Procedure, by court order or
otherwise, and:
(1) is serving a sentence for an offense under Section
21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
Code;
(2) used the Internet or any other type of electronic
device used for Internet access to commit the offense or engage in
the conduct for which the person is required to register under
Chapter 62, Code of Criminal Procedure; or
(3) is assigned a numeric risk level of three based on
an assessment conducted under Article 62.007, Code of Criminal
Procedure.
(b) If the parole panel releases on parole or to mandatory
supervision a person described by Subsection (a), the parole panel
as a condition of parole or mandatory supervision shall prohibit
the releasee from using the Internet to:
(1) access material that is obscene as defined by
Section 43.21, Penal Code;
(2) access a commercial social networking site, as
defined by Article 62.0061(f), Code of Criminal Procedure;
(3) communicate with any individual concerning sexual
relations with an individual who is younger than 17 years of age; or
(4) communicate with another individual the releasee
knows is younger than 17 years of age.
(c) The parole panel may modify at any time the condition
described by Subsection (b)(4) if:
(1) the condition interferes with the releasee's
ability to attend school or become or remain employed and
consequently constitutes an undue hardship for the releasee; or
(2) the releasee is the parent or guardian of an
individual who is younger than 17 years of age and the releasee is
not otherwise prohibited from communicating with that individual.
SECTION 11. The changes in law made by this Act in adding
Section 13E, Article 42.12, Code of Criminal Procedure, and Section
508.1861, Government Code, apply only to a person who is placed on
community supervision or released on parole or to mandatory
supervision on or after the effective date of this Act.
SECTION 12. The Department of Public Safety of the State of
Texas shall implement Subsection (c), Article 62.051, Code of
Criminal Procedure, as amended by this Act, and Subsection (j),
Article 62.005, and Article 62.0061, Code of Criminal Procedure, as
added by this Act, as soon as practicable after September 1, 2009,
but not later than January 1, 2010.
SECTION 13. The change in law made by this Act in amending
Chapter 62, Code of Criminal Procedure, applies to any person who,
on or after January 1, 2010, is subject to registration under that
chapter regardless of whether the offense or conduct for which the
person is subject to registration occurred before, on, or after
that date.
SECTION 14. This Act takes effect September 1, 2009.
* * * * *