Texas 2009 - 81st Regular

Texas Senate Bill SB689 Compare Versions

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1	1	81R7466 KEL-F
2	2	By: Shapiro S.B. No. 689
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the use of the Internet by sex offenders
8	8	and to the collection and exchange of information regarding those
9	9	offenders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11, Article 42.12, Code of Criminal
12	12	Procedure, is amended by adding Subsection (j) to read as follows:
13	13	(j) If the court grants community supervision to a defendant
14	14	who is convicted of or receives a grant of deferred adjudication for
15	15	an offense under Section 33.021, Penal Code, or who is assigned a
16	16	numeric risk level of three based on an assessment conducted under
17	17	Article 62.007, the court as a condition of community supervision
18	18	shall prohibit the defendant from using the Internet to:
19	19	(1) access pornographic material; or
20	20	(2) communicate with one or more individuals for the
21	21	purpose of promoting sexual relations with an individual who is
22	22	younger than 18 years of age.
23	23	SECTION 2. Article 62.005, Code of Criminal Procedure, is
24	24	amended by adding Subsection (j) to read as follows:
25	25	(j) The department shall release all relevant information
26	26	described by Subsection (a) to the attorney general on the attorney
27	27	general's written request providing the department with a person's
28	28	name, driver's license number, personal identification certificate
29	29	number, license plate number, or Internet communication
30	30	identifier.
31	31	SECTION 3. Subchapter A, Chapter 62, Code of Criminal
32	32	Procedure, is amended by adding Article 62.0061 to read as follows:
33	33	Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION
34	34	IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE
35	35	PROVIDERS. (a) The department shall establish a procedure by which
36	36	commercial social networking sites and Internet service providers
37	37	providing service in this state may request all Internet
38	38	communication identifiers belonging to a person listed in the
39	39	computerized central database. On receipt of a request submitted
40	40	under this article containing a person's name, driver's license
41	41	number, personal identification certificate number, or Internet
42	42	communication identifier, the department shall:
43	43	(1) confirm whether the person is required to register
44	44	under this chapter; and
45	45	(2) provide the networking site or service provider
46	46	with all Internet communication identifiers listed for the person
47	47	in the computerized central database.
48	48	(b) A commercial social networking site or Internet service
49	49	provider may use the information to:
50	50	(1) prescreen persons seeking to use the site or
51	51	service; or
52	52	(2) preclude persons registered under this chapter
53	53	from using the site or service.
54	54	(c) A commercial social networking site or Internet service
55	55	provider that receives information under this article promptly
56	56	shall notify the department, the attorney general, and appropriate
57	57	local law enforcement authorities of any possible criminal activity
58	58	engaged in by a person with respect to whom information was provided
59	59	to the networking site or the service provider under Subsection
60	60	(a). The department, attorney general, and authorities shall
61	61	establish a uniform procedure for exchanging information regarding
62	62	any notification provided by a networking site or service provider
63	63	under this subsection.
64	64	(d) In this section, "commercial social networking site"
65	65	means any business, organization, or other similar entity operating
66	66	a website that permits persons to become registered users for the
67	67	purpose of establishing personal relationships with other users
68	68	through direct or real time communication with other users or the
69	69	creation of web pages or profiles available to the public or to
70	70	other users. The term does not include an electronic mail program
71	71	or a message board program.
72	72	SECTION 4. Article 62.005(b), Code of Criminal Procedure,
73	73	is amended to read as follows:
74	74	(b) The information contained in the database, including
75	75	the numeric risk level assigned to a person under this chapter, is
76	76	public information, with the exception of any information:
77	77	(1) regarding the person's social security number
78	78	or[,] driver's license number, or any home, work, or cellular
79	79	telephone number of the person;
80	80	(2) that is required by the department under Article
81	81	62.051(c)(8) [62.051(c)(7)]; or
82	82	(3) that would identify the victim of the offense for
83	83	which the person is subject to registration.
84	84	SECTION 5. Article 62.051, Code of Criminal Procedure, is
85	85	amended by amending Subsection (c) and adding Subsection (j) to
86	86	read as follows:
87	87	(c) The registration form shall require:
88	88	(1) the person's full name, [each alias,] date of
89	89	birth, sex, race, height, weight, eye color, hair color, social
90	90	security number, driver's license number, shoe size, and home
91	91	address, any home, work, or cellular telephone number of the
92	92	person, and each alias, assumed name, nickname, or pseudonym,
93	93	including a screen name, used by the person;
94	94	(2) a recent color photograph or, if possible, an
95	95	electronic digital image of the person and a complete set of the
96	96	person's fingerprints;
97	97	(3) the type of offense the person was convicted of,
98	98	the age of the victim, the date of conviction, and the punishment
99	99	received;
100	100	(4) an indication as to whether the person is
101	101	discharged, paroled, or released on juvenile probation, community
102	102	supervision, or mandatory supervision;
103	103	(5) an indication of each license, as defined by
104	104	Article 62.005(g), that is held or sought by the person;
105	105	(6) an indication as to whether the person is or will
106	106	be employed, carrying on a vocation, or a student at a particular
107	107	public or private institution of higher education in this state or
108	108	another state, and the name and address of that institution; [and]
109	109	(7) the identification of any electronic mail address,
110	110	instant messaging address, or other Internet communication
111	111	identifier established or used by the person; and
112	112	(8) any other information required by the department.
113	113	(j) The department by rule shall define:
114	114	(1) "screen name" for the purposes of Subsection
115	115	(c)(1); and
116	116	(2) "Internet communication identifier" for the
117	117	purposes of Subsection (c)(7).
118	118	SECTION 6. Article 62.053(f), Code of Criminal Procedure,
119	119	is amended to read as follows:
120	120	(f) The local law enforcement authority shall include in the
121	121	notice to the superintendent of the public school district and to
122	122	the administrator of any private primary or secondary school
123	123	located in the public school district any information the authority
124	124	determines is necessary to protect the public, except:
125	125	(1) the person's social security number or [,]
126	126	driver's license number, or any home, work, or cellular telephone
127	127	number of the person; and
128	128	(2) any information that would identify the victim of
129	129	the offense for which the person is subject to registration.
130	130	SECTION 7. Article 62.055(g), Code of Criminal Procedure,
131	131	is amended to read as follows:
132	132	(g) The local law enforcement authority shall include in the
133	133	notice to the superintendent of the public school district and the
134	134	administrator of any private primary or secondary school located in
135	135	the public school district any information the authority determines
136	136	is necessary to protect the public, except:
137	137	(1) the person's social security number or [,]
138	138	driver's license number, or any home, work, or cellular telephone
139	139	number of the person; and
140	140	(2) any information that would identify the victim of
141	141	the offense for which the person is subject to registration.
142	142	SECTION 8. Subchapter F, Chapter 508, Government Code, is
143	143	amended by adding Section 508.1861 to read as follows:
144	144	Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
145	145	SEX OFFENDERS. If the parole panel releases on parole or to
146	146	mandatory supervision a person who is serving a sentence for an
147	147	offense under Section 33.021, Penal Code, or who is assigned a
148	148	numeric risk level of three based on an assessment conducted under
149	149	Article 62.007, Code of Criminal Procedure, the parole panel as a
150	150	condition of parole or mandatory supervision shall prohibit the
151	151	releasee from using the Internet to:
152	152	(1) access pornographic material; or
153	153	(2) communicate with one or more individuals for the
154	154	purpose of promoting sexual relations with an individual who is
155	155	younger than 18 years of age.
156	156	SECTION 9. (a) The changes in law made by this Act in adding
157	157	Section 11(j), Article 42.12, Code of Criminal Procedure, and
158	158	Section 508.1861, Government Code, apply only to a person who is
159	159	placed on community supervision or released on parole or to
160	160	mandatory supervision on or after the effective date of this Act.
161	161	(b) The change in law made by this Act in amending Chapter
162	162	62, Code of Criminal Procedure, applies to any person who, on or
163	163	after the effective date of this Act, is subject to registration
164	164	under that chapter regardless of whether the offense for which the
165	165	person is subject to registration was committed before, on, or
166	166	after the effective date of this Act.
167	167	SECTION 10. This Act takes effect September 1, 2009.