81R7466 KEL-F
By: Shapiro S.B. No. 689
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) 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 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:
(1) access pornographic material; or
(2) communicate with one or more individuals for the
purpose of promoting sexual relations with an individual who is
younger than 18 years of age.
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 62.005(b), Code of Criminal Procedure,
is amended 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 required by the department under Article
62.051(c)(8) [62.051(c)(7)]; or
(3) that would identify the victim of the offense for
which the person is subject to registration.
SECTION 5. 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, any home, work, or cellular telephone number of the
person, 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 6. Article 62.053(f), 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. Article 62.055(g), 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 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. 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 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; or
(2) communicate with one or more individuals for the
purpose of promoting sexual relations with an individual who is
younger than 18 years of age.
SECTION 9. (a) The changes in law made by this Act in adding
Section 11(j), 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.
(b) The change in law made by this Act in amending Chapter
62, Code of Criminal Procedure, applies to any person who, on or
after the effective date of this Act, is subject to registration
under that chapter regardless of whether the offense for which the
person is subject to registration was committed before, on, or
after the effective date of this Act.
SECTION 10. This Act takes effect September 1, 2009.