81R476 KCR-D

By: Leibowitz H.B. No. 22

A BILL TO BE ENTITLED

AN ACT

relating to a sex offender's duty to report the establishment or use of certain Internet communication identifiers.

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

SECTION 1. Article 62.051, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsection (j) to read as follows:

(c) The registration form shall require:

(1) the person's full name, [each alias,] date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, shoe size, and home address, and each alias, assumed name, nickname, or pseudonym, including a screen name, used by the person;

(2) a recent color photograph or, if possible, an electronic digital image of the person and a complete set of the person's fingerprints;

(3) the type of offense the person was convicted of, the age of the victim, the date of conviction, and the punishment received;

(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;

(5) an indication of each license, as defined by Article 62.005(g), that is held or sought by the person;

(6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular public or private institution of higher education in this state or another state, and the name and address of that institution; [and]

(7) the identification of any electronic mail address, instant messaging address, or other Internet communication identifier established or used by the person; and

(8) any other information required by the department.

(j) The department by rule shall define:

(1) "screen name" for the purposes of Subsection (c)(1); and

(2) "Internet communication identifier" for the purposes of Subsection (c)(7).

SECTION 2. Article 62.053(a), Code of Criminal Procedure, is amended to read as follows:

(a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, the Texas Department of Criminal Justice or the Texas Youth Commission shall determine the person's level of risk to the community using the sex offender screening tool developed or selected under Article 62.007 and assign to the person a numeric risk level of one, two, or three. Before releasing the person, an official of the penal institution shall:

(1) inform the person that:

(A) not later than the later of the seventh day after the date on which the person is released or after the date on which the person moves from a previous residence to a new residence in this state or not later than the later of the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, the person must register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside;

(B) not later than the seventh day after the date on which the person is released or the date on which the person moves from a previous residence to a new residence in this state, the person must, if the person has not moved to an intended residence, report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(C) not later than the seventh day before the date on which the person moves to a new residence in this state or another state, the person must report in person to the local law enforcement authority designated as the person's primary registration authority by the department and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(D) not later than the 10th day after the date on which the person arrives in another state in which the person intends to reside, the person must register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information, if the other state has a registration requirement for sex offenders;

(E) not later than the 30th day after the date on which the person is released, the person must apply to the department in person for the issuance of an original or renewal driver's license or personal identification certificate and a failure to apply to the department as required by this paragraph results in the automatic revocation of any driver's license or personal identification certificate issued by the department to the person; [and]

(F) the person must notify appropriate entities of any change in status as described by Article 62.057; and

(G) the person must report any establishment or use of an electronic mail address, instant messaging address, or other Internet communication identifier in accordance with Article 62.0551;

(2) require the person to sign a written statement that the person was informed of the person's duties as described by Subdivision (1) or Subsection (g) or, if the person refuses to sign the statement, certify that the person was so informed;

(3) obtain the address where the person expects to reside on the person's release and other registration information, including a photograph and complete set of fingerprints; and

(4) complete the registration form for the person.

SECTION 3. Subchapter B, Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.0551 to read as follows:

Art. 62.0551. CHANGE OF ELECTRONIC ADDRESS. (a) If a person required to register under this chapter establishes or begins to use an electronic mail address, instant messaging address, or other Internet communication identifier, the person shall, before the end of the next working day after the person establishes or begins using the address or identifier, provide written notice of the address or identifier to the local law enforcement authority designated as the person's primary registration authority by the department.

(b) Not later than the third day after receipt of information under Subsection (a), the local law enforcement authority shall forward the information to the department.

(c) For purposes of this article, "Internet communication identifier" has the meaning assigned by the department under Article 62.051(j)(2).

SECTION 4. Article 62.058, Code of Criminal Procedure, is amended by adding Subsection (f) to read as follows:

(f) A local law enforcement authority who provides a person with a registration form for verification as required by this chapter shall include with the form a statement and description of the person's registration duties under Article 62.0551.

SECTION 5. The change in law made by this Act applies to a person subject to registration under Chapter 62, Code of Criminal Procedure, for an offense or conduct that was committed before, on, or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2009.