By Allen                                               H.B. No. 662
         77R1927 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to Internet access to certain public information regarding
 1-3     juvenile sex offenders.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 62.08, Code of Criminal Procedure, is
 1-6     amended by adding Subsections (f) and (g) to read as follows:
 1-7           (f)  Notwithstanding the status of a photograph as public
 1-8     information under Subsection (b), a person who is subject to
 1-9     registration under this chapter may petition the district court in
1-10     the county where the person resides for an order prohibiting
1-11     Internet access to the person's photograph if the person is:
1-12                 (1)  younger than 18 years of age at the time the
1-13     petition is filed; and
1-14                 (2)  subject to registration only as a result of a
1-15     single, reportable adjudication of delinquent conduct based on a
1-16     violation of an offense other than a sexually violent offense.
1-17           (g)  After a hearing on the petition described by Subsection
1-18     (f), the court may issue an order prohibiting Internet access to
1-19     the person's photograph if it appears by a preponderance of the
1-20     evidence, as presented by a registered sex offender treatment
1-21     provider and by a representative from a juvenile probation office,
1-22     from an agency or entity operating under contract with a juvenile
1-23     probation office, or from the Texas Youth Commission, as
1-24     appropriate, that the prohibition does not threaten public safety.
 2-1     An order prohibiting Internet access under this article does not
 2-2     expire, but the court shall withdraw the order if after the order
 2-3     is issued the person receives a reportable conviction or
 2-4     adjudication under this chapter.
 2-5           SECTION 2. This Act applies to juvenile offenders adjudicated
 2-6     as having engaged in delinquent conduct before, on, or after the
 2-7     effective date of this Act, regardless of when the conduct
 2-8     occurred.
 2-9           SECTION 3.  This Act takes effect immediately if it receives
2-10     a vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect September 1, 2001.