This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 689
 
 
 
 
AN ACT
  relating to restrictions on the use of the Internet by sex offenders
  and to the reporting, collection, and exchange of information
  regarding those offenders; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.12, Code of Criminal Procedure, is
  amended by adding Section 13E to read as follows:
         Sec. 13E.  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 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 prohibit the defendant from using the Internet
  to:
               (1)  access material that is obscene as defined by
  Section 43.21, Penal Code;
               (2)  access a commercial social networking site, as
  defined by Article 62.0061(f);
               (3)  communicate with any individual concerning sexual
  relations with an individual who is younger than 17 years of age; or
               (4)  communicate with another individual the defendant
  knows is younger than 17 years of age.
         (c)  The court may modify at any time the condition described
  by Subsection (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.  Article 62.001, Code of Criminal Procedure, is
  amended by adding Subdivision (11) to read as follows:
               (11)  "Online identifier" means electronic mail
  address information or a name used by a person when sending or
  receiving an instant message, social networking communication, or
  similar Internet communication or when participating in an Internet
  chat. The term includes an assumed name, nickname, pseudonym,
  moniker, or user name established by a person for use in connection
  with an electronic mail address, chat or instant chat room
  platform, commercial social networking site, or online
  picture-sharing service.
         SECTION 3.  Article 62.005, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (j) to
  read as follows:
         (b)  The information contained in the database, including
  the numeric risk level assigned to a person under this chapter, is
  public information, with the exception of any information:
               (1)  regarding the person's social security number
  or[,] driver's license number, or any home, work, or cellular
  telephone number of the person;
               (2)  that is described [required] by [the department
  under] Article 62.051(c)(7) or required by the department under
  Article 62.051(c)(8); or
               (3)  that would identify the victim of the offense for
  which the person is subject to registration.
         (j)  The department, for law enforcement purposes, shall
  release all relevant information described by Subsection (a),
  including information that is not public information under
  Subsection (b), to a peace officer, an employee of a local law
  enforcement authority, or the attorney general on the request of
  the applicable person or entity.
         SECTION 4.  Subchapter A, Chapter 62, Code of Criminal
  Procedure, is amended by adding Article 62.0061 to read as follows:
         Art. 62.0061.  REQUEST FOR ONLINE IDENTIFIERS BY SOCIAL
  NETWORKING SITES. (a)  On request by a commercial social
  networking site, the department may provide to the commercial
  social networking site:
               (1)  all public information that is contained in the
  database maintained under Article 62.005; and
               (2)  notwithstanding Article 62.005(b)(2), any online
  identifier established or used by a person who uses the site, is
  seeking to use the site, or is precluded from using the site.
         (b)  The department by rule shall establish a procedure
  through which a commercial social networking site may request
  information under Subsection (a), including rules regarding the
  eligibility of commercial social networking sites to request
  information under Subsection (a). The department shall consult
  with the attorney general, other appropriate state agencies, and
  other appropriate entities in adopting rules under this subsection.
         (c)  A commercial social networking site or the site's agent:
               (1)  may use information received under Subsection (a)
  only to:
                     (A)  prescreen persons seeking to use the site; or
                     (B)  preclude persons registered under this
  chapter from using the site; and
               (2)  may not use any information received under
  Subsection (a) that the networking site obtained solely under
  Subsection (a) in any manner not described by Subdivision (1).
         (d)  A commercial social networking site that uses
  information received under Subsection (a) in any manner not
  described by Subsection (c)(1) or that violates a rule adopted by
  the department under Subsection (b) is subject to a civil penalty of
  $1,000 for each misuse of information or rule violation. A
  commercial social networking site that is assessed a civil penalty
  under this article shall pay, in addition to the civil penalty, all
  court costs, investigative costs, and attorney's fees associated
  with the assessment of the penalty. A civil penalty assessed under
  this subsection shall be deposited to the compensation to victims
  of crime fund established under Subchapter B, Chapter 56.
         (e)  This article does not create a private cause of action
  against a commercial social networking site, including a cause of
  action that is based on the site:
               (1)  identifying, removing, disabling, blocking, or
  otherwise affecting the user of a commercial social networking
  site, based on a good faith belief that the person is required to
  register as a sex offender under this chapter or federal law; or
               (2)  failing to identify, remove, disable, block, or
  otherwise affect the user of a commercial social networking site
  who is required to register as a sex offender under this chapter or
  federal law.
         (f)  In this article, "commercial social networking site":
               (1)  means an Internet website that:
                     (A)  allows users, through the creation of
  Internet web pages or profiles or other similar means, to provide
  personal information to the public or other users of the Internet
  website;
                     (B)  offers a mechanism for communication with
  other users of the Internet website; and
                     (C)  has the primary purpose of facilitating
  online social interactions; and
               (2)  does not include an Internet service provider,
  unless the Internet service provider separately operates and
  directly derives revenue from an Internet website described by
  Subdivision (1).
         SECTION 5.  Subsection (c), Article 62.051, Code of Criminal
  Procedure, is amended to read as follows:
         (c)  The registration form shall require:
               (1)  the person's full name, [each alias,] date of
  birth, sex, race, height, weight, eye color, hair color, social
  security number, driver's license number, shoe size, and home
  address and each alias used by the person and any home, work, or
  cellular telephone number of the person;
               (2)  a recent color photograph or, if possible, an
  electronic digital image of the person and a complete set of the
  person's fingerprints;
               (3)  the type of offense the person was convicted of,
  the age of the victim, the date of conviction, and the punishment
  received;
               (4)  an indication as to whether the person is
  discharged, paroled, or released on juvenile probation, community
  supervision, or mandatory supervision;
               (5)  an indication of each license, as defined by
  Article 62.005(g), that is held or sought by the person;
               (6)  an indication as to whether the person is or will
  be employed, carrying on a vocation, or a student at a particular
  public or private institution of higher education in this state or
  another state, and the name and address of that institution; [and]
               (7)  the identification of any online identifier
  established or used by the person; and
               (8)  any other information required by the department.
         SECTION 6.  Subsection (f), Article 62.053, Code of Criminal
  Procedure, is amended to read as follows:
         (f)  The local law enforcement authority shall include in the
  notice to the superintendent of the public school district and to
  the administrator of any private primary or secondary school
  located in the public school district any information the authority
  determines is necessary to protect the public, except:
               (1)  the person's social security number or[,] driver's
  license number, or any home, work, or cellular telephone number of
  the person; and
               (2)  any information that would identify the victim of
  the offense for which the person is subject to registration.
         SECTION 7.  Subsection (g), Article 62.055, Code of Criminal
  Procedure, is amended to read as follows:
         (g)  The local law enforcement authority shall include in the
  notice to the superintendent of the public school district and the
  administrator of any private primary or secondary school located in
  the public school district any information the authority determines
  is necessary to protect the public, except:
               (1)  the person's social security number or[,] driver's
  license number, or any home, work, or cellular telephone number of
  the person; and
               (2)  any information that would identify the victim of
  the offense for which the person is subject to registration.
         SECTION 8.  Subchapter B, Chapter 62, Code of Criminal
  Procedure, is amended by adding Article 62.0551 to read as follows:
         Art. 62.0551.  CHANGE IN ONLINE IDENTIFIERS. (a)  If a
  person required to register under this chapter changes any online
  identifier included on the person's registration form or
  establishes any new online identifier not already included on the
  person's registration form, the person, not later than the later of
  the seventh day after the change or establishment or the first date
  the applicable authority by policy allows the person to report,
  shall report the change or establishment to the person's primary
  registration authority in the manner prescribed by the authority.
         (b)  A primary registration authority that receives
  information under this article shall forward information in the
  same manner as information received by the authority under Article
  62.055.
         SECTION 9.  Subsections (a) and (b), Article 62.057, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  If the juvenile probation officer, community
  supervision and corrections department officer, or parole officer
  supervising a person subject to registration under this chapter
  receives information to the effect that the person's status has
  changed in any manner that affects proper supervision of the
  person, including a change in the person's name, online
  identifiers, physical health, job or educational status, including
  higher educational status, incarceration, or terms of release, the
  supervising officer shall promptly notify the appropriate local law
  enforcement authority or authorities of that change.  If the person
  required to register intends to change address, the supervising
  officer shall notify the local law enforcement authorities
  designated by Article 62.055(b).  Not later than the seventh day
  after the date the supervising officer receives the relevant
  information, the supervising officer shall notify the local law
  enforcement authority of any change in the person's job or
  educational status in which the person:
               (1)  becomes employed, begins to carry on a vocation,
  or becomes a student at a particular public or private institution
  of higher education; or
               (2)  terminates the person's status in that capacity.
         (b)  Not later than the later of the seventh day after the
  date of the change or the first date the applicable authority by
  policy allows the person to report, a person subject to
  registration under this chapter shall report to the local law
  enforcement authority designated as the person's primary
  registration authority by the department any change in the person's
  name, online identifiers, physical health, or job or educational
  status, including higher educational status.
         SECTION 10.  Subchapter F, Chapter 508, Government Code, is
  amended by adding Section 508.1861 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 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 prohibit
  the releasee from using the Internet to:
               (1)  access material that is obscene as defined by
  Section 43.21, Penal Code;
               (2)  access a commercial social networking site, as
  defined by Article 62.0061(f), Code of Criminal Procedure;
               (3)  communicate with any individual concerning sexual
  relations with an individual who is younger than 17 years of age; or
               (4)  communicate with another individual the releasee
  knows is younger than 17 years of age.
         (c)  The parole panel may modify at any time the condition
  described by Subsection (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 11.  The changes in law made by this Act in adding
  Section 13E, Article 42.12, Code of Criminal Procedure, and Section
  508.1861, Government Code, apply only to a person who is placed on
  community supervision or released on parole or to mandatory
  supervision on or after the effective date of this Act.
         SECTION 12.  The Department of Public Safety of the State of
  Texas shall implement Subsection (c), Article 62.051, Code of
  Criminal Procedure, as amended by this Act, and Subsection (j),
  Article 62.005, and Article 62.0061, Code of Criminal Procedure, as
  added by this Act, as soon as practicable after September 1, 2009,
  but not later than January 1, 2010.
         SECTION 13.  The change in law made by this Act in amending
  Chapter 62, Code of Criminal Procedure, applies to any person who,
  on or after January 1, 2010, is subject to registration under that
  chapter regardless of whether the offense or conduct for which the
  person is subject to registration occurred before, on, or after
  that date.
         SECTION 14.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 689 passed the Senate on
  May 4, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 689 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor