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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the use of the Internet by sex offenders |
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and to the collection and exchange of information regarding those |
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offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (j) to read as follows: |
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(j) If the court grants community supervision to a defendant |
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who is convicted of or receives a grant of deferred adjudication for |
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an offense under Section 33.021, Penal Code, or who is assigned a |
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numeric risk level of three based on an assessment conducted under |
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Article 62.007, the court as a condition of community supervision |
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shall prohibit the defendant from using the Internet to: |
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(1) access pornographic material; or |
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(2) communicate with one or more individuals for the |
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purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age. |
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SECTION 2. Article 62.005, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) The department shall release all relevant information |
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described by Subsection (a) to the attorney general on the attorney |
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general's written request providing the department with a person's |
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name, driver's license number, personal identification certificate |
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number, license plate number, or Internet communication |
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identifier. |
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SECTION 3. Subchapter A, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0061 to read as follows: |
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Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION |
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IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE |
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PROVIDERS. (a) The department shall establish a procedure by which |
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commercial social networking sites and Internet service providers |
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providing service in this state may request all Internet |
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communication identifiers belonging to a person listed in the |
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computerized central database. On receipt of a request submitted |
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under this article containing a person's name, driver's license |
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number, personal identification certificate number, or Internet |
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communication identifier, the department shall: |
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(1) confirm whether the person is required to register |
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under this chapter; and |
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(2) provide the networking site or service provider |
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with all Internet communication identifiers listed for the person |
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in the computerized central database. |
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(b) A commercial social networking site or Internet service |
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provider may use the information to: |
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(1) prescreen persons seeking to use the site or |
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service; or |
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(2) preclude persons registered under this chapter |
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from using the site or service. |
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(c) A commercial social networking site or Internet service |
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provider that receives information under this article promptly |
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shall notify the department, the attorney general, and appropriate |
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local law enforcement authorities of any possible criminal activity |
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engaged in by a person with respect to whom information was provided |
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to the networking site or the service provider under Subsection |
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(a). The department, attorney general, and authorities shall |
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establish a uniform procedure for exchanging information regarding |
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any notification provided by a networking site or service provider |
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under this subsection. |
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(d) In this section, "commercial social networking site" |
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means any business, organization, or other similar entity operating |
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a website that permits persons to become registered users for the |
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purpose of establishing personal relationships with other users |
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through direct or real time communication with other users or the |
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creation of web pages or profiles available to the public or to |
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other users. The term does not include an electronic mail program |
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or a message board program. |
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SECTION 4. Article 62.005(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The information contained in the database, including |
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the numeric risk level assigned to a person under this chapter, is |
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public information, with the exception of any information: |
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(1) regarding the person's social security number |
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or[,] driver's license number, or any home, work, or cellular |
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telephone number of the person; |
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(2) that is required by the department under Article |
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62.051(c)(8) [62.051(c)(7)]; or |
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(3) that would identify the victim of the offense for |
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which the person is subject to registration. |
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SECTION 5. Article 62.051, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (j) to |
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read as follows: |
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(c) The registration form shall require: |
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(1) the person's full name, [each alias,] date of |
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birth, sex, race, height, weight, eye color, hair color, social |
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security number, driver's license number, shoe size, and home |
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address, any home, work, or cellular telephone number of the |
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person, and each alias, assumed name, nickname, or pseudonym, |
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including a screen name, used by the person; |
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(2) a recent color photograph or, if possible, an |
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electronic digital image of the person and a complete set of the |
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person's fingerprints; |
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(3) the type of offense the person was convicted of, |
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the age of the victim, the date of conviction, and the punishment |
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received; |
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(4) an indication as to whether the person is |
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discharged, paroled, or released on juvenile probation, community |
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supervision, or mandatory supervision; |
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(5) an indication of each license, as defined by |
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Article 62.005(g), that is held or sought by the person; |
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(6) an indication as to whether the person is or will |
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be employed, carrying on a vocation, or a student at a particular |
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public or private institution of higher education in this state or |
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another state, and the name and address of that institution; [and] |
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(7) the identification of any electronic mail address, |
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instant messaging address, or other Internet communication |
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identifier established or used by the person; and |
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(8) any other information required by the department. |
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(j) The department by rule shall define: |
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(1) "screen name" for the purposes of Subsection |
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(c)(1); and |
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(2) "Internet communication identifier" for the |
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purposes of Subsection (c)(7). |
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SECTION 6. Article 62.053(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) The local law enforcement authority shall include in the |
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notice to the superintendent of the public school district and to |
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the administrator of any private primary or secondary school |
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located in the public school district any information the authority |
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determines is necessary to protect the public, except: |
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(1) the person's social security number or [,] |
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driver's license number, or any home, work, or cellular telephone |
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number of the person; and |
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(2) any information that would identify the victim of |
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the offense for which the person is subject to registration. |
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SECTION 7. Article 62.055(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) The local law enforcement authority shall include in the |
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notice to the superintendent of the public school district and the |
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administrator of any private primary or secondary school located in |
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the public school district any information the authority determines |
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is necessary to protect the public, except: |
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(1) the person's social security number or [,] |
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driver's license number, or any home, work, or cellular telephone |
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number of the person; and |
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(2) any information that would identify the victim of |
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the offense for which the person is subject to registration. |
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SECTION 8. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.1861 to read as follows: |
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Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN |
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SEX OFFENDERS. If the parole panel releases on parole or to |
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mandatory supervision a person who is serving a sentence for an |
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offense under Section 33.021, Penal Code, or who is assigned a |
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numeric risk level of three based on an assessment conducted under |
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Article 62.007, Code of Criminal Procedure, the parole panel as a |
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condition of parole or mandatory supervision shall prohibit the |
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releasee from using the Internet to: |
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(1) access pornographic material; or |
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(2) communicate with one or more individuals for the |
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purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age. |
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SECTION 9. (a) The changes in law made by this Act in adding |
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Section 11(j), Article 42.12, Code of Criminal Procedure, and |
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Section 508.1861, Government Code, apply only to a person who is |
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placed on community supervision or released on parole or to |
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mandatory supervision on or after the effective date of this Act. |
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(b) The change in law made by this Act in amending Chapter |
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62, Code of Criminal Procedure, applies to any person who, on or |
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after the effective date of this Act, is subject to registration |
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under that chapter regardless of whether the offense for which the |
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person is subject to registration was committed before, on, or |
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after the effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2009. |