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AN ACT
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relating to the apprehension, prosecution, and punishment of |
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individuals committing or attempting to commit certain sex |
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offenses, to the placement by public schools of certain students |
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who are sex offenders, and to the notification requirements |
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concerning certain offenses committed by students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.27, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (j) and amending |
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Subsections (b) and (c) to read as follows: |
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(a-1) The superintendent or a person designated by the |
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superintendent in the school district may send to a school district |
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employee having direct supervisory responsibility over the student |
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the information contained in the confidential notice under |
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Subsection (a) if the superintendent or the person designated by |
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the superintendent determines that the employee needs the |
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information for educational purposes or for the protection of the |
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person informed or others. |
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(b) On conviction, deferred prosecution, or deferred |
|
adjudication or an adjudication of delinquent conduct of an |
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individual enrolled as a student in a public primary or secondary |
|
school, for an offense or for any conduct listed in Subsection (h) |
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of this article, the office of the prosecuting attorney acting in |
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the case shall orally notify the superintendent or a person |
|
designated by the superintendent in the school district in which |
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the student is enrolled of the conviction or adjudication and |
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whether the student is required to register as a sex offender under |
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Chapter 62. Oral notification must be given within 24 hours of the |
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time of the order or on the next school day. The superintendent |
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shall, within 24 hours of receiving notification from the office of |
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the prosecuting attorney, [promptly] notify all instructional and |
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support personnel who have regular contact with the student. |
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Within seven days after the date the oral notice is given, the |
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office of the prosecuting attorney shall mail written notice, which |
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must contain a statement of the offense of which the individual is |
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convicted or on which the adjudication, deferred adjudication, or |
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deferred prosecution is grounded and a statement of whether the |
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student is required to register as a sex offender under Chapter 62. |
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(c) A parole, [or] probation, or community supervision |
|
office, including a community supervision and corrections |
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department, a juvenile probation department, the pardons and |
|
paroles division of the Texas Department of Criminal Justice, and |
|
the Texas Youth Commission, having jurisdiction over a student |
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described by Subsection (a), (b), or (e) who transfers from a school |
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or is subsequently removed from a school and later returned to a |
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school or school district other than the one the student was |
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enrolled in when the arrest, referral to a juvenile court, |
|
conviction, or adjudication occurred shall within 24 hours of |
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learning of the student's transfer or reenrollment notify the new |
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school officials of the arrest or referral in a manner similar to |
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that provided for by Subsection (a) or (e)(1), or of the conviction |
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or delinquent adjudication in a manner similar to that provided for |
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by Subsection (b) or (e)(2). The new school officials shall, within |
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24 hours of receiving notification under this subsection, |
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[promptly] notify all instructional and support personnel who have |
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regular contact with the student. |
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(j) The notification provisions of this section concerning |
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a person who is required to register as a sex offender under Chapter |
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62 do not lessen the requirement of a person to provide any |
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additional notification prescribed by that chapter. |
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SECTION 2. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 24A to read as follows: |
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CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT |
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ORDERS; PRESERVING CERTAIN INFORMATION |
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SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT |
|
ORDERS |
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Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a subpoena, search warrant, or other court order |
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that: |
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(1) relates to the investigation or prosecution of a |
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criminal offense under Section 33.021, Penal Code; and |
|
(2) is served on or issued with respect to an Internet |
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service provider that provides service in this state. |
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Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. |
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(a) Except as provided by Subsection (b), not later than the 10th |
|
day after the date on which an Internet service provider is served |
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with or otherwise receives a subpoena, search warrant, or other |
|
court order described by Article 24A.001, the Internet service |
|
provider shall: |
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(1) fully comply with the subpoena, warrant, or order; |
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or |
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(2) petition a court to excuse the Internet service |
|
provider from complying with the subpoena, warrant, or order. |
|
(b) As soon as is practicable, and in no event later than the |
|
second business day after the date the Internet service provider is |
|
served with or otherwise receives a subpoena, search warrant, or |
|
other court order described by Article 24A.001, the Internet |
|
service provider shall fully comply with the subpoena, search |
|
warrant, or order if the subpoena, search warrant, or order |
|
indicates that full compliance is necessary to address a situation |
|
that threatens a person with death or other serious bodily injury. |
|
(c) For the purposes of Subsection (a)(1), full compliance |
|
with the subpoena, warrant, or order includes: |
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(1) producing or providing, to the extent permitted |
|
under federal law, all documents or information requested under the |
|
subpoena, warrant, or order; or |
|
(2) providing, to the extent permitted under federal |
|
law, electronic access to all documents or information requested |
|
under the subpoena, warrant, or order. |
|
Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An |
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Internet service provider that disobeys a subpoena, search warrant, |
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or other court order described by Article 24A.001 and that was not |
|
excused from complying with the subpoena, warrant, or order under |
|
Article 24A.002(a)(2) may be punished in any manner provided by |
|
law. |
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[Articles 24A.004-24A.050 reserved for expansion] |
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SUBCHAPTER B. PRESERVING CERTAIN INFORMATION |
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Art. 24A.051. PRESERVING INFORMATION. (a) On written |
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request of a law enforcement agency in this state or a federal law |
|
enforcement agency and pending the issuance of a subpoena or other |
|
court order described by Article 24A.001, an Internet service |
|
provider that provides service in this state shall take all steps |
|
necessary to preserve all records or other potential evidence in a |
|
criminal trial that is in the possession of the Internet service |
|
provider. |
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(b) Subject to Subsection (c), an Internet service provider |
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shall preserve information under Subsection (a) for a period of 90 |
|
days after the date the Internet service provider receives the |
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written request described by Subsection (a). |
|
(c) An Internet service provider shall preserve information |
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under Subsection (a) for the 90-day period immediately following |
|
the 90-day period described by Subsection (b) if the requesting law |
|
enforcement agency in writing requests an extension of the |
|
preservation period. |
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SECTION 3. Chapter 37, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS |
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Sec. 37.301. DEFINITION. In this subchapter, "board of |
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trustees" includes the board's designee. |
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Sec. 37.302. APPLICABILITY. This subchapter: |
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(1) applies to a student who is required to register as |
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a sex offender under Chapter 62, Code of Criminal Procedure; and |
|
(2) does not apply to a student who is no longer |
|
required to register as a sex offender under Chapter 62, Code of |
|
Criminal Procedure, including a student who receives an exemption |
|
from registration under Subchapter H, Chapter 62, Code of Criminal |
|
Procedure, or a student who receives an early termination of the |
|
obligation to register under Subchapter I, Chapter 62, Code of |
|
Criminal Procedure. |
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Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM |
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REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, |
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on receiving notice under Article 15.27, Code of Criminal |
|
Procedure, or Chapter 62, Code of Criminal Procedure, that a |
|
student is required to register as a sex offender under that |
|
chapter, a school district shall remove the student from the |
|
regular classroom and determine the appropriate placement of the |
|
student in the manner provided by this subchapter. |
|
Sec. 37.304. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS |
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UNDER COURT SUPERVISION. (a) A school district shall place a |
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student to whom this subchapter applies and who is under any form of |
|
court supervision, including probation, community supervision, or |
|
parole, in the appropriate alternative education program as |
|
provided by Section 37.309 for at least one semester. |
|
(b) If a student transfers to another school district during |
|
the student's mandatory placement in an alternative education |
|
program under Subsection (a), the district to which the student |
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transfers may: |
|
(1) require the student to complete an additional |
|
semester in the appropriate alternative education program without |
|
conducting a review of the student's placement for that semester |
|
under Section 37.306; or |
|
(2) count any time spent by the student in an |
|
alternative education program in the district from which the |
|
student transfers toward the mandatory placement requirement under |
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Subsection (a). |
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Sec. 37.305. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS |
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NOT UNDER COURT SUPERVISION. A school district may place a student |
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to whom this subchapter applies and who is not under any form of |
|
court supervision in the appropriate alternative education program |
|
as provided by Section 37.309 for one semester or in the regular |
|
classroom. The district may not place the student in the regular |
|
classroom if the district board of trustees determines that the |
|
student's presence in the regular classroom: |
|
(1) threatens the safety of other students or |
|
teachers; |
|
(2) will be detrimental to the educational process; or |
|
(3) is not in the best interests of the district's |
|
students. |
|
Sec. 37.306. REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION |
|
PROGRAM. (a) At the end of the first semester of a student's |
|
placement in an alternative education program under Section 37.304 |
|
or 37.305, the school district board of trustees shall convene a |
|
committee to review the student's placement in the alternative |
|
education program. The committee must be composed of: |
|
(1) a classroom teacher from the campus to which the |
|
student would be assigned were the student not placed in an |
|
alternative education program; |
|
(2) the student's parole or probation officer or, in |
|
the case of a student who does not have a parole or probation |
|
officer, a representative of the local juvenile probation |
|
department; |
|
(3) an instructor from the alternative education |
|
program to which the student is assigned; |
|
(4) a school district designee selected by the board |
|
of trustees; and |
|
(5) a counselor employed by the school district. |
|
(b) The committee by majority vote shall determine and |
|
recommend to the school district board of trustees whether the |
|
student should be returned to the regular classroom or remain in the |
|
alternative education program. |
|
(c) If the committee recommends that the student be returned |
|
to the regular classroom, the board of trustees shall return the |
|
student to the regular classroom unless the board determines that |
|
the student's presence in the regular classroom: |
|
(1) threatens the safety of other students or |
|
teachers; |
|
(2) will be detrimental to the educational process; or |
|
(3) is not in the best interests of the district's |
|
students. |
|
(d) If the committee recommends that the student remain in |
|
the alternative education program, the board of trustees shall |
|
continue the student's placement in the alternative education |
|
program unless the board determines that the student's presence in |
|
the regular classroom: |
|
(1) does not threaten the safety of other students or |
|
teachers; |
|
(2) will not be detrimental to the educational |
|
process; and |
|
(3) is not contrary to the best interests of the |
|
district's students. |
|
(e) If, after receiving a recommendation under Subsection |
|
(b), the school district board of trustees determines that the |
|
student should remain in an alternative education program, the |
|
board shall before the beginning of each school year convene the |
|
committee described by Subsection (a) to review, in the manner |
|
provided by Subsections (b), (c), and (d), the student's placement |
|
in an alternative education program. |
|
Sec. 37.307. PLACEMENT AND REVIEW OF STUDENT WITH |
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DISABILITY. (a) The placement under this subchapter of a student |
|
with a disability who receives special education services must be |
|
made in compliance with the Individuals with Disabilities Education |
|
Act (20 U.S.C. Section 1400 et seq.). |
|
(b) The review under Section 37.306 of the placement of a |
|
student with a disability who receives special education services |
|
may be made only by a duly constituted admission, review, and |
|
dismissal committee. The admission, review, and dismissal |
|
committee may request that the board of trustees convene a |
|
committee described by Section 37.306(a) to assist the admission, |
|
review, and dismissal committee in conducting the review. |
|
Sec. 37.308. TRANSFER OF REGISTERED SEX OFFENDER. Except |
|
as provided by Section 37.304(b), a school district shall determine |
|
whether to place a student to whom this subchapter applies and who |
|
transfers to the district in the appropriate alternative education |
|
program as provided by Section 37.309 or in a regular classroom. |
|
The school district shall follow the procedures specified under |
|
Section 37.306 in making the determination. |
|
Sec. 37.309. PLACEMENT IN DISCIPLINARY ALTERNATIVE |
|
EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION |
|
PROGRAM. (a) Except as provided by Subsection (b), a school |
|
district shall place a student who is required by the board of |
|
trustees to attend an alternative education program under this |
|
subchapter in a disciplinary alternative education program. |
|
(b) A school district shall place a student who is required |
|
by the board of trustees to attend an alternative education program |
|
under this subchapter in a juvenile justice alternative education |
|
program if: |
|
(1) the memorandum of understanding entered into |
|
between the school district and juvenile board under Section |
|
37.011(k) provides for the placement of students to whom this |
|
subchapter applies in the juvenile justice alternative education |
|
program; or |
|
(2) a court orders the placement of the student in a |
|
juvenile justice alternative education program. |
|
Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN |
|
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice |
|
alternative education program is entitled to funding for a student |
|
who is placed in the program under this subchapter in the same |
|
manner as a juvenile justice alternative education program is |
|
entitled to funding under Section 37.012 for a student who is |
|
expelled and placed in a juvenile justice alternative education |
|
program for conduct for which expulsion is permitted but not |
|
required under Section 37.007. |
|
Sec. 37.311. CONFERENCE. (a) A student or the student's |
|
parent or guardian may appeal a decision by a school district board |
|
of trustees to place the student in an alternative education |
|
program under this subchapter by requesting a conference among the |
|
board of trustees, the student's parent or guardian, and the |
|
student. The conference is limited to the factual question of |
|
whether the student is required to register as a sex offender under |
|
Chapter 62, Code of Criminal Procedure. |
|
(b) If the school district board of trustees determines at |
|
the conclusion of the conference that the student is required to |
|
register as a sex offender under Chapter 62, Code of Criminal |
|
Procedure, the student is subject to placement in an alternative |
|
education program in the manner provided by this subchapter. |
|
(c) A decision by the board of trustees under this section |
|
is final and may not be appealed. |
|
Sec. 37.312. LIABILITY. This subchapter does not: |
|
(1) waive any liability or immunity of a governmental |
|
entity or its officers or employees; or |
|
(2) create any liability for or a cause of action |
|
against a governmental entity or its officers or employees. |
|
Sec. 37.313. CONFLICTS OF LAW. To the extent of any |
|
conflict between a provision of this subchapter and a provision of |
|
Subchapter A, this subchapter prevails. |
|
SECTION 4. Subchapter B, Chapter 402, Government Code, is |
|
amended by adding Section 402.0281 to read as follows: |
|
Sec. 402.0281. INTERNET SERVICE PROVIDER DATABASE. |
|
(a) The attorney general shall establish a computerized database |
|
containing contact information for all Internet service providers |
|
providing service in this state. The contact information must |
|
include: |
|
(1) the name and physical address of the person |
|
authorized to accept service of process for the Internet service |
|
provider; and |
|
(2) the physical address of the Internet service |
|
provider's principal place of business in this state. |
|
(b) At the request of a district attorney, criminal district |
|
attorney, county attorney, law enforcement agency of this state, or |
|
local law enforcement agency, the attorney general shall allow the |
|
requestor access to the database to expedite the |
|
information-gathering process of a criminal investigation |
|
conducted by the requestor concerning an offense under Section |
|
33.021, Penal Code. |
|
SECTION 5. Section 414.005, Government Code, is amended to |
|
read as follows: |
|
Sec. 414.005. DUTIES. The council shall: |
|
(1) encourage, advise, and assist in the creation of |
|
crime stoppers organizations; |
|
(2) foster the detection of crime and encourage |
|
persons to report information about criminal acts; |
|
(3) encourage news and other media to broadcast |
|
reenactments and to inform the public of the functions of crime |
|
stoppers organizations' operations and programs; |
|
(4) promote the process of crime stoppers |
|
organizations to forward information about criminal acts to the |
|
appropriate law enforcement agencies; [and] |
|
(5) help law enforcement agencies detect and combat |
|
crime by increasing the flow of information to and between law |
|
enforcement agencies; |
|
(6) create specialized programs targeted at detecting |
|
specific crimes or types of crimes, including at least one program |
|
that: |
|
(A) encourages individuals to report sex |
|
offenders who have failed to register under Chapter 62, Code of |
|
Criminal Procedure; and |
|
(B) financially rewards each individual who |
|
makes a report described by Paragraph (A) that leads or |
|
substantially contributes to the arrest or apprehension of a sex |
|
offender who has failed to register under Chapter 62, Code of |
|
Criminal Procedure; and |
|
(7) encourage, advise, and assist crime stoppers |
|
organizations in implementing any programs created under |
|
Subdivision (6), including a program specifically described by |
|
Subdivision (6). |
|
SECTION 6. Subsection (b), Section 3.03, Penal Code, is |
|
amended to read as follows: |
|
(b) If the accused is found guilty of more than one offense |
|
arising out of the same criminal episode, the sentences may run |
|
concurrently or consecutively if each sentence is for a conviction |
|
of: |
|
(1) an offense: |
|
(A) under Section 49.07 or 49.08, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections; |
|
(2) an offense: |
|
(A) under Section 33.021 or an offense under |
|
Section 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a |
|
victim younger than 17 years of age at the time of the commission of |
|
the offense regardless of whether the accused is convicted of |
|
violations of the same section more than once or is convicted of |
|
violations of more than one section; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A) committed against a victim younger than 17 |
|
years of age at the time of the commission of the offense regardless |
|
of whether the accused is charged with violations of the same |
|
section more than once or is charged with violations of more than |
|
one section; or |
|
(3) an offense: |
|
(A) under Section 21.15 or 43.26, regardless of |
|
whether the accused is convicted of violations of the same section |
|
more than once or is convicted of violations of both sections; or |
|
(B) for which a plea agreement was reached in a |
|
case in which the accused was charged with more than one offense |
|
listed in Paragraph (A), regardless of whether the accused is |
|
charged with violations of the same section more than once or is |
|
charged with violations of both sections. |
|
SECTION 7. Subsection (f), Section 33.021, Penal Code, is |
|
amended to read as follows: |
|
(f) An offense under Subsection (b) is a [state jail] felony |
|
of the third degree, except that the offense is a felony of the |
|
second degree if the minor is younger than 14 years of age or is an |
|
individual whom the actor believes to be younger than 14 years of |
|
age at the time of the commission of the offense. An[, and an] |
|
offense under Subsection (c) is a felony of the second [third] |
|
degree[, except that an offense under Subsection (b) or (c) is a
|
|
felony of the second degree if the minor is younger than 14 years of
|
|
age or is an individual whom the actor believes to be younger than
|
|
14 years of age]. |
|
SECTION 8. Subsection (d), Article 15.27, Code of Criminal |
|
Procedure, is repealed. |
|
SECTION 9. Subchapter I, Chapter 37, Education Code, as |
|
added by this Act, applies only to an offense committed on or after |
|
the effective date of this Act. An offense committed before the |
|
effective date of this Act is governed by the law in effect when the |
|
offense was committed, and the former law is continued in effect for |
|
that purpose. For purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 10. The attorney general shall ensure that the |
|
database required under Section 402.0281, Government Code, as added |
|
by this Act, is fully operational not later than April 1, 2008, and |
|
not later than June 1, 2008, shall begin allowing requesting |
|
parties access to that database as described by that section. |
|
SECTION 11. Subsection (b), Section 3.03, and Subsection |
|
(f), Section 33.021, Penal Code, as amended by this Act, apply only |
|
to an offense committed on or after September 1, 2007. An offense |
|
committed before September 1, 2007, is covered by the law in effect |
|
when the offense was committed, and the former law is continued in |
|
effect for that purpose. For the purposes of this section, an |
|
offense was committed before September 1, 2007, if any element of |
|
the offense occurred before that date. |
|
SECTION 12. This Act takes effect September 1, 2007. |
|
|
|
|
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|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 6 passed the Senate on |
|
March 26, 2007, by the following vote: Yeas 29, Nays 0; |
|
May 24, 2007, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 25, 2007, House |
|
granted request of the Senate; May 27, 2007, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 6 passed the House, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 149, |
|
Nays 0, one present not voting; May 25, 2007, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 27, 2007, House adopted Conference Committee Report by the |
|
following vote: Yeas 143, Nays 0, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |