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.