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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the use of the Internet by sex offenders |
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and to the collection and exchange of information regarding those |
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offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (j) to read as follows: |
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(j)(1) If the court grants community supervision to a |
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defendant who is convicted of or receives a grant of deferred |
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adjudication for an offense under Section 33.021, Penal Code, or |
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who is assigned a numeric risk level of two or three based on an |
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assessment conducted under Article 62.007, the court as a condition |
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of community supervision shall prohibit the defendant from using |
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the Internet to: |
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(A) access pornographic material; |
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(B) access a commercial social networking site; |
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(C) communicate with one or more individuals for |
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the purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age; or |
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(D) if the defendant is 18 years of age or older, |
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communicate with another individual the defendant knows is younger |
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than 18 years of age. |
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(2) In this subsection, "commercial social networking |
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site" has the meaning assigned by Article 62.0061. |
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SECTION 2. Article 62.005, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) The department shall release all relevant information |
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described by Subsection (a) to the attorney general on the attorney |
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general's written request providing the department with a person's |
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name, driver's license number, personal identification certificate |
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number, license plate number, or Internet communication |
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identifier. |
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SECTION 3. Subchapter A, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0061 to read as follows: |
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Art. 62.0061. REQUEST FOR INTERNET COMMUNICATION |
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IDENTIFIERS BY SOCIAL NETWORKING SITES AND INTERNET SERVICE |
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PROVIDERS. (a) The department shall establish a procedure by which |
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commercial social networking sites and Internet service providers |
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providing service in this state may request all Internet |
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communication identifiers belonging to a person listed in the |
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computerized central database. On receipt of a request submitted |
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under this article containing a person's name, driver's license |
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number, personal identification certificate number, or Internet |
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communication identifier, the department shall: |
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(1) confirm whether the person is required to register |
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under this chapter; and |
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(2) provide the networking site or service provider |
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with all Internet communication identifiers listed for the person |
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in the computerized central database. |
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(b) A commercial social networking site or Internet service |
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provider may use the information to: |
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(1) prescreen persons seeking to use the site or |
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service; or |
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(2) preclude persons registered under this chapter |
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from using the site or service. |
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(c) A commercial social networking site or Internet service |
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provider that receives information under this article promptly |
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shall notify the department, the attorney general, and appropriate |
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local law enforcement authorities of any possible criminal activity |
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engaged in by a person with respect to whom information was provided |
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to the networking site or the service provider under Subsection |
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(a). The department, attorney general, and authorities shall |
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establish a uniform procedure for exchanging information regarding |
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any notification provided by a networking site or service provider |
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under this subsection. |
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(d) In this section, "commercial social networking site" |
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means any business, organization, or other similar entity operating |
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a website that permits persons to become registered users for the |
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purpose of establishing personal relationships with other users |
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through direct or real time communication with other users or the |
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creation of web pages or profiles available to the public or to |
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other users. The term does not include an electronic mail program |
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or a message board program. |
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SECTION 4. Article 62.051, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (j) to |
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read as follows: |
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(c) The registration form shall require: |
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(1) the person's full name, [each alias,] date of |
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birth, sex, race, height, weight, eye color, hair color, social |
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security number, driver's license number, shoe size, and home |
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address, and each alias, assumed name, nickname, or pseudonym, |
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including a screen name, used by the person; |
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(2) a recent color photograph or, if possible, an |
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electronic digital image of the person and a complete set of the |
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person's fingerprints; |
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(3) the type of offense the person was convicted of, |
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the age of the victim, the date of conviction, and the punishment |
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received; |
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(4) an indication as to whether the person is |
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discharged, paroled, or released on juvenile probation, community |
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supervision, or mandatory supervision; |
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(5) an indication of each license, as defined by |
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Article 62.005(g), that is held or sought by the person; |
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(6) an indication as to whether the person is or will |
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be employed, carrying on a vocation, or a student at a particular |
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public or private institution of higher education in this state or |
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another state, and the name and address of that institution; [and] |
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(7) the identification of any electronic mail address, |
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instant messaging address, or other Internet communication |
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identifier established or used by the person; and |
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(8) any other information required by the department. |
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(j) The department by rule shall define: |
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(1) "screen name" for the purposes of Subsection |
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(c)(1); and |
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(2) "Internet communication identifier" for the |
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purposes of Subsection (c)(7). |
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SECTION 5. Article 62.053(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Before a person who will be subject to registration |
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under this chapter is due to be released from a penal institution, |
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the Texas Department of Criminal Justice or the Texas Youth |
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Commission shall determine the person's level of risk to the |
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community using the sex offender screening tool developed or |
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selected under Article 62.007 and assign to the person a numeric |
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risk level of one, two, or three. Before releasing the person, an |
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official of the penal institution shall: |
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(1) inform the person that: |
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(A) not later than the later of the seventh day |
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after the date on which the person is released or after the date on |
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which the person moves from a previous residence to a new residence |
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in this state or not later than the later of the first date the |
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applicable local law enforcement authority by policy allows the |
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person to register or verify registration, the person must register |
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or verify registration with the local law enforcement authority in |
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the municipality or county in which the person intends to reside; |
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(B) not later than the seventh day after the date |
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on which the person is released or the date on which the person |
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moves from a previous residence to a new residence in this state, |
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the person must, if the person has not moved to an intended |
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residence, report to the juvenile probation officer, community |
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supervision and corrections department officer, or parole officer |
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supervising the person; |
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(C) not later than the seventh day before the |
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date on which the person moves to a new residence in this state or |
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another state, the person must report in person to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department and to the juvenile |
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probation officer, community supervision and corrections |
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department officer, or parole officer supervising the person; |
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(D) not later than the 10th day after the date on |
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which the person arrives in another state in which the person |
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intends to reside, the person must register with the law |
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enforcement agency that is identified by the department as the |
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agency designated by that state to receive registration |
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information, if the other state has a registration requirement for |
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sex offenders; |
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(E) not later than the 30th day after the date on |
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which the person is released, the person must apply to the |
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department in person for the issuance of an original or renewal |
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driver's license or personal identification certificate and a |
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failure to apply to the department as required by this paragraph |
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results in the automatic revocation of any driver's license or |
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personal identification certificate issued by the department to the |
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person; [and] |
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(F) the person must notify appropriate entities |
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of any change in status as described by Article 62.057; and |
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(G) the person must report any establishment or |
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use of an electronic mail address, instant messaging address, or |
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other Internet communication identifier in accordance with Article |
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62.0551; |
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(2) require the person to sign a written statement |
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that the person was informed of the person's duties as described by |
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Subdivision (1) or Subsection (g) or, if the person refuses to sign |
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the statement, certify that the person was so informed; |
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(3) obtain the address where the person expects to |
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reside on the person's release and other registration information, |
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including a photograph and complete set of fingerprints; and |
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(4) complete the registration form for the person. |
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SECTION 6. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0551 to read as follows: |
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Art. 62.0551. CHANGE OF ELECTRONIC ADDRESS. (a) If a |
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person required to register under this chapter establishes or |
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begins to use an electronic mail address, instant messaging |
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address, or other Internet communication identifier, the person |
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shall, before the end of the next working day after the person |
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establishes or begins using the address or identifier, provide |
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written notice of the address or identifier to the local law |
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enforcement authority designated as the person's primary |
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registration authority by the department. |
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(b) Not later than the third day after receipt of |
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information under Subsection (a), the local law enforcement |
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authority shall forward the information to the department. |
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(c) For purposes of this article, "Internet communication |
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identifier" has the meaning assigned by the department under |
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Article 62.051(j)(2). |
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SECTION 7. Article 62.058, Code of Criminal Procedure, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A local law enforcement authority who provides a person |
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with a registration form for verification as required by this |
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chapter shall include with the form a statement and description of |
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the person's registration duties under Article 62.0551. |
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SECTION 8. Chapter 54, Family Code, is amended by adding |
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Section 54.0409 to read as follows: |
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Sec. 54.0409. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN |
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JUVENILE SEX OFFENDERS. (a) If the juvenile court places on |
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probation under Section 54.04(d) a child who is assigned a numeric |
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risk level of two or three based on an assessment conducted under |
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Article 62.007, Code of Criminal Procedure, in addition to other |
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conditions of probation, the court shall prohibit the child from |
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using the Internet to: |
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(1) access pornographic material; |
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(2) access a commercial social networking site; or |
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(3) communicate with one or more individuals for the |
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purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age. |
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(b) In this section, "commercial social networking site" |
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has the meaning assigned by Article 62.0061, Code of Criminal |
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Procedure. |
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SECTION 9. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.1861 to read as follows: |
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Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN |
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SEX OFFENDERS. (a) If the parole panel releases on parole or to |
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mandatory supervision a person who is serving a sentence for an |
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offense under Section 33.021, Penal Code, or who is assigned a |
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numeric risk level of two or three based on an assessment conducted |
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under Article 62.007, Code of Criminal Procedure, the parole panel |
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as a condition of parole or mandatory supervision shall prohibit |
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the releasee from using the Internet to: |
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(1) access pornographic material; |
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(2) access a commercial social networking site; |
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(3) communicate with one or more individuals for the |
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purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age; or |
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(4) if the releasee is 18 years of age or older, |
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communicate with another individual the releasee knows is younger |
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than 18 years of age. |
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(b) In this section, "commercial social networking site" |
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has the meaning assigned by Article 62.0061, Code of Criminal |
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Procedure. |
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SECTION 10. Subchapter F, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.08135 to read as follows: |
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Sec. 61.08135. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN |
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JUVENILE SEX OFFENDERS. (a) If the commission releases under |
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supervision a child who is assigned a numeric risk level of two or |
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three based on an assessment conducted under Article 62.007, Code |
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of Criminal Procedure, the commission shall prohibit the child from |
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using the Internet to: |
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(1) access pornographic material; |
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(2) access a commercial social networking site; or |
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(3) communicate with one or more individuals for the |
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purpose of promoting sexual relations with an individual who is |
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younger than 18 years of age. |
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(b) In this section, "commercial social networking site" |
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has the meaning assigned by Article 62.0061, Code of Criminal |
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Procedure. |
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SECTION 11. (a) The changes in law made by this Act in |
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adding Section 11(j), Article 42.12, Code of Criminal Procedure, |
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Section 54.0409(a), Family Code, Section 508.1861(a), Government |
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Code, and Section 61.08135(a), Human Resources Code, apply only to |
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a person who is placed on community supervision or juvenile |
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probation or released on parole or other supervision on or after the |
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effective date of this Act. |
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(b) The change in law made by this Act in amending Chapter |
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62, Code of Criminal Procedure, applies to a person who is subject |
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to registration under that chapter for an offense or conduct that |
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was committed before, on, or after the effective date of this Act. |
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SECTION 12. This Act takes effect September 1, 2009. |