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Amend CSHB 2153 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, in amended Subsection (c)(1),
Article 62.051, Code of Criminal Procedure (page 1, line 44) insert
between "reside" and the semi-colon, insert the following:
, and any home, work, or cellular telephone number of the person;
(2) In SECTION 2 of the bill, in Subsection (c)(6), Article
62.051, Code of Criminal Procedure (page 1, line 61) delete "and".
(3) In SECTION 2 of the bill, in amended Subsection (c),
Article 62.051, Code of Criminal Procedure (page 1, line 62)
following "(7)" insert the following:
the identification of any online identifier established or used by
the person; and
(8)
Amend C.S.H.B. 2153 (Senate committee printing) by adding the
following appropriately numbers SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
(4) SECTION ____. Amend Article 62.001, Code of Criminal
Procedure, insert the following:
(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.
(5) SECTION ____. 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.
(6) SECTION ____. 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).
(7) SECTION ____. 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.
(8) SECTION ____. Subsection (f)(1), Article 62.053, Code
of Criminal Procedure, is amended to read as follows:
(1) the person's social security number or[,] driver's
license number, or any home, work, or cellular telephone number of
the person; and
(9) SECTION ____. Subsection (g)(1), Article 62.055, Code
of Criminal Procedure, is amended to read as follows:
(1) the person's social security number or[,] driver's
license number, or any home, work, or cellular telephone number of
the person; and
(10) SECTION ____. 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.