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  H.B. No. 372
 
 
 
 
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.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 372 was passed by the House on April
  13, 2015, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 372 on May 26, 2015, by the following vote:  Yeas 145, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 372 was passed by the Senate, with
  amendments, on May 22, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor