Texas 2013 - 83rd Regular

Texas House Bill HB1645 Compare Versions

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1	1	83R11958 MAW-F
2	2	By: Riddle H.B. No. 1645
3	3	Substitute the following for H.B. No. 1645:
4	4	By: Allen C.S.H.B. No. 1645
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the monitoring of the Internet access of certain sex
10	10	offenders placed on community supervision or released on parole or
11	11	to mandatory supervision.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13G, Article 42.12, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	Sec. 13G. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX
16	16	OFFENDERS. (a) This section applies only to a person who is
17	17	required to register as a sex offender under Chapter 62, by court
18	18	order or otherwise, and:
19	19	(1) is convicted of or receives a grant of deferred
20	20	adjudication community supervision for a violation of Section
21	21	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
22	22	Code;
23	23	(2) used the Internet or any other type of electronic
24	24	device used for Internet access to commit the offense or engage in
25	25	the conduct for which the person is required to register under
26	26	Chapter 62; or
27	27	(3) is assigned a numeric risk level of two or three
28	28	based on an assessment conducted under Article 62.007.
29	29	(b) If the court grants community supervision to a defendant
30	30	described by Subsection (a), the court as a condition of community
31	31	supervision shall:
32	32	(1) prohibit the defendant from using the Internet to:
33	33	(A) [(1)] access material that is obscene as
34	34	defined by Section 43.21, Penal Code;
35	35	(B) [(2)] access a commercial social networking
36	36	site, as defined by Article 62.0061(f);
37	37	(C) [(3)] communicate with any individual
38	38	concerning sexual relations with an individual who is younger than
39	39	17 years of age; or
40	40	(D) [(4)] communicate with another individual
41	41	the defendant knows is younger than 17 years of age; and
42	42	(2) to ensure the defendant's compliance with
43	43	Subdivision (1), require the defendant to submit to regular
44	44	inspection or monitoring of each electronic device used by the
45	45	defendant to access the Internet.
46	46	(c) The court may modify at any time the condition described
47	47	by Subsection (b)(1)(D) [(b)(4)] if:
48	48	(1) the condition interferes with the defendant's
49	49	ability to attend school or become or remain employed and
50	50	consequently constitutes an undue hardship for the defendant; or
51	51	(2) the defendant is the parent or guardian of an
52	52	individual who is younger than 17 years of age and the defendant is
53	53	not otherwise prohibited from communicating with that individual.
54	54	SECTION 2. Section 508.1861, Government Code, is amended to
55	55	read as follows:
56	56	Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN
57	57	SEX OFFENDERS. (a) This section applies only to a person who, on
58	58	release, will be required to register as a sex offender under
59	59	Chapter 62, Code of Criminal Procedure, by court order or
60	60	otherwise, and:
61	61	(1) is serving a sentence for an offense under Section
62	62	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
63	63	Code;
64	64	(2) used the Internet or any other type of electronic
65	65	device used for Internet access to commit the offense or engage in
66	66	the conduct for which the person is required to register under
67	67	Chapter 62, Code of Criminal Procedure; or
68	68	(3) is assigned a numeric risk level of two or three
69	69	based on an assessment conducted under Article 62.007, Code of
70	70	Criminal Procedure.
71	71	(b) If the parole panel releases on parole or to mandatory
72	72	supervision a person described by Subsection (a), the parole panel
73	73	as a condition of parole or mandatory supervision shall:
74	74	(1) prohibit the releasee from using the Internet to:
75	75	(A) [(1)] access material that is obscene as
76	76	defined by Section 43.21, Penal Code;
77	77	(B) [(2)] access a commercial social networking
78	78	site, as defined by Article 62.0061(f), Code of Criminal Procedure;
79	79	(C) [(3)] communicate with any individual
80	80	concerning sexual relations with an individual who is younger than
81	81	17 years of age; or
82	82	(D) [(4)] communicate with another individual
83	83	the releasee knows is younger than 17 years of age; and
84	84	(2) to ensure the releasee's compliance with
85	85	Subdivision (1), require the releasee to submit to regular
86	86	inspection or monitoring of each electronic device used by the
87	87	releasee to access the Internet.
88	88	(c) The parole panel may modify at any time the condition
89	89	described by Subsection (b)(1)(D) [(b)(4)] if:
90	90	(1) the condition interferes with the releasee's
91	91	ability to attend school or become or remain employed and
92	92	consequently constitutes an undue hardship for the releasee; or
93	93	(2) the releasee is the parent or guardian of an
94	94	individual who is younger than 17 years of age and the releasee is
95	95	not otherwise prohibited from communicating with that individual.
96	96	SECTION 3. (a) Section 13G, Article 42.12, Code of Criminal
97	97	Procedure, as amended by this Act, and Section 508.1861, Government
98	98	Code, as amended by this Act, apply only to a person who is placed on
99	99	community supervision or released on parole or to mandatory
100	100	supervision on or after September 1, 2009. A person who is placed on
101	101	community supervision or released on parole or to mandatory
102	102	supervision before September 1, 2009, is governed by the law in
103	103	effect on the date the person was placed on community supervision or
104	104	released on parole or to mandatory supervision, and the former law
105	105	is continued in effect for that purpose.
106	106	(b) The applicable court or parole panel shall modify the
107	107	conditions of supervision or parole as appropriate to conform to
108	108	the requirements of Section 13G, Article 42.12, Code of Criminal
109	109	Procedure, as amended by this Act, and Section 508.1861, Government
110	110	Code, as amended by this Act, for each sex offender with a numeric
111	111	risk level of two or three who was placed on community supervision
112	112	or released on parole or to mandatory supervision on or after
113	113	September 1, 2009, and who has not yet completed the offender's
114	114	period of supervision or parole.
115	115	SECTION 4. This Act takes effect September 1, 2013.