80R2164 KCR-D

By: Zaffirini S.B. No. 120

A BILL TO BE ENTITLED

AN ACT

relating to the prevention and prosecution of and education concerning the offense of online solicitation of a minor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Code of Criminal Procedure, is amended by adding Chapter 5A to read as follows: CHAPTER 5A. ONLINE SOLICITATION OF MINOR

Art. 5A.01. EDUCATIONAL MATERIALS. (a) The attorney general shall maintain on the attorney general's Internet website a link that enables an Internet user to access free of charge information and educational materials designed to prevent the commission of the offense of online solicitation of a minor under Section 33.021, Penal Code, or any substantially similar offense.

(b) The information and educational materials described by Subsection (a) must be:

(1) appropriate for use in a classroom setting in a public primary or secondary school; and

(2) designed to educate minors concerning ways to avoid becoming a victim or perpetrator of the offense of online solicitation of a minor under Section 33.021, Penal Code, or a substantially similar offense.

(c) The Internet link maintained under Subsection (a) may link the Internet user to information and educational materials that are prepared by the attorney general, another state agency, or a private entity that operates in the computer or computing industry, including an Internet service provider or a computer software provider.

SECTION 2. Section 37.083(a), Education Code, is amended to read as follows:

(a) Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program must provide for:

(1) prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles; and

(2) prevention of the offense of online solicitation of a minor under Section 33.021, Penal Code, or a substantially similar offense by educating students concerning ways to avoid becoming victims or perpetrators of that offense.

SECTION 3. Section 33.021(f), Penal Code, is amended to read as follows:

(f) An offense under Subsection (b) is a state jail felony, and an offense under Subsection (c) is a felony of the second [third] degree, except that an offense under Subsection (b) [or (c)] is a felony of the second degree and an offense under Subsection (c) is a felony of the first degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age.

SECTION 4. (a) The attorney general shall post the Internet link required by Article 5A.01, Code of Criminal Procedure, as added by this Act, not later than December 1, 2007.

(b) Each school district shall modify its discipline management program to comply with Section 37.083, Education Code, as amended by this Act, as soon as possible after the attorney general posts the Internet link required by Article 5A.01, Code of Criminal Procedure, as added by this Act, and not later than the first day of the 2008-2009 school year.

(c) The change in law made by this Act in amending Section 33.021, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 5. This Act takes effect September 1, 2007.