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AN ACT
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relating to the monitoring of the Internet access of certain sex |
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offenders placed on community supervision or released on parole or |
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to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13G, Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 13G. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX |
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OFFENDERS. (a) This section applies only to a person who is |
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required to register as a sex offender under Chapter 62, by court |
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order or otherwise, and: |
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(1) is convicted of or receives a grant of deferred |
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adjudication community supervision for a violation of Section |
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21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal |
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Code; |
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(2) used the Internet or any other type of electronic |
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device used for Internet access to commit the offense or engage in |
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the conduct for which the person is required to register under |
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Chapter 62; or |
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(3) is assigned a numeric risk level of two or three |
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based on an assessment conducted under Article 62.007. |
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(b) If the court grants community supervision to a defendant |
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described by Subsection (a), the court as a condition of community |
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supervision shall: |
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(1) prohibit the defendant from using the Internet to: |
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(A) [(1)] access material that is obscene as |
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defined by Section 43.21, Penal Code; |
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(B) [(2)] access a commercial social networking |
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site, as defined by Article 62.0061(f); |
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(C) [(3)] communicate with any individual |
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concerning sexual relations with an individual who is younger than |
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17 years of age; or |
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(D) [(4)] communicate with another individual |
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the defendant knows is younger than 17 years of age; and |
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(2) to ensure the defendant's compliance with |
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Subdivision (1), require the defendant to submit to regular |
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inspection or monitoring of each electronic device used by the |
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defendant to access the Internet. |
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(c) The court may modify at any time the condition described |
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by Subsection (b)(1)(D) [(b)(4)] if: |
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(1) the condition interferes with the defendant's |
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ability to attend school or become or remain employed and |
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consequently constitutes an undue hardship for the defendant; or |
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(2) the defendant is the parent or guardian of an |
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individual who is younger than 17 years of age and the defendant is |
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not otherwise prohibited from communicating with that individual. |
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SECTION 2. Section 508.1861, Government Code, is amended to |
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read as follows: |
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Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN |
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SEX OFFENDERS. (a) This section applies only to a person who, on |
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release, will be required to register as a sex offender under |
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Chapter 62, Code of Criminal Procedure, by court order or |
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otherwise, and: |
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(1) is serving a sentence for an offense under Section |
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21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal |
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Code; |
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(2) used the Internet or any other type of electronic |
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device used for Internet access to commit the offense or engage in |
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the conduct for which the person is required to register under |
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Chapter 62, Code of Criminal Procedure; or |
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(3) is assigned a numeric risk level of two or three |
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based on an assessment conducted under Article 62.007, Code of |
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Criminal Procedure. |
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(b) If the parole panel releases on parole or to mandatory |
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supervision a person described by Subsection (a), the parole panel |
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as a condition of parole or mandatory supervision shall: |
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(1) prohibit the releasee from using the Internet to: |
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(A) [(1)] access material that is obscene as |
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defined by Section 43.21, Penal Code; |
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(B) [(2)] access a commercial social networking |
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site, as defined by Article 62.0061(f), Code of Criminal Procedure; |
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(C) [(3)] communicate with any individual |
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concerning sexual relations with an individual who is younger than |
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17 years of age; or |
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(D) [(4)] communicate with another individual |
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the releasee knows is younger than 17 years of age; and |
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(2) to ensure the releasee's compliance with |
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Subdivision (1), require the releasee to submit to regular |
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inspection or monitoring of each electronic device used by the |
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releasee to access the Internet. |
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(c) The parole panel may modify at any time the condition |
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described by Subsection (b)(1)(D) [(b)(4)] if: |
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(1) the condition interferes with the releasee's |
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ability to attend school or become or remain employed and |
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consequently constitutes an undue hardship for the releasee; or |
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(2) the releasee is the parent or guardian of an |
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individual who is younger than 17 years of age and the releasee is |
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not otherwise prohibited from communicating with that individual. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 372 was passed by the House on April |
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13, 2015, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 372 on May 26, 2015, by the following vote: Yeas 145, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 372 was passed by the Senate, with |
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amendments, on May 22, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |