84R1192 MAW-D
By: Riddle H.B. No. 372
A BILL TO BE ENTITLED
AN ACT
relating to the monitoring of the Internet access of certain sex
offenders placed on community supervision or released on parole or
to mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13G, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 13G. 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 two or 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:
(1) prohibit the defendant from using the Internet to:
(A) [(1)] access material that is obscene as
defined by Section 43.21, Penal Code;
(B) [(2)] access a commercial social networking
site, as defined by Article 62.0061(f);
(C) [(3)] communicate with any individual
concerning sexual relations with an individual who is younger than
17 years of age; or
(D) [(4)] communicate with another individual
the defendant knows is younger than 17 years of age; and
(2) to ensure the defendant's compliance with
Subdivision (1), require the defendant to submit to regular
inspection or monitoring of each electronic device used by the
defendant to access the Internet.
(c) The court may modify at any time the condition described
by Subsection (b)(1)(D) [(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. Section 508.1861, Government Code, is amended 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 two or 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:
(1) prohibit the releasee from using the Internet to:
(A) [(1)] access material that is obscene as
defined by Section 43.21, Penal Code;
(B) [(2)] access a commercial social networking
site, as defined by Article 62.0061(f), Code of Criminal Procedure;
(C) [(3)] communicate with any individual
concerning sexual relations with an individual who is younger than
17 years of age; or
(D) [(4)] communicate with another individual
the releasee knows is younger than 17 years of age; and
(2) to ensure the releasee's compliance with
Subdivision (1), require the releasee to submit to regular
inspection or monitoring of each electronic device used by the
releasee to access the Internet.
(c) The parole panel may modify at any time the condition
described by Subsection (b)(1)(D) [(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 3. (a) Section 13G, Article 42.12, Code of Criminal
Procedure, as amended by this Act, and Section 508.1861, Government
Code, as amended by this Act, apply only to a person who is placed on
community supervision or released on parole or to mandatory
supervision on or after September 1, 2009. A person who is placed on
community supervision or released on parole or to mandatory
supervision before September 1, 2009, is governed by the law in
effect on the date the person was placed on community supervision or
released on parole or to mandatory supervision, and the former law
is continued in effect for that purpose.
(b) The applicable court or parole panel shall modify the
conditions of supervision or parole as appropriate to conform to
the requirements of Section 13G, Article 42.12, Code of Criminal
Procedure, as amended by this Act, and Section 508.1861, Government
Code, as amended by this Act, for each sex offender with a numeric
risk level of two or three who was placed on community supervision
or released on parole or to mandatory supervision on or after
September 1, 2009, and who has not yet completed the offender's
period of supervision or parole.
SECTION 4. This Act takes effect September 1, 2015.