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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 three based on an assessment |
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conducted under Article 62.007, the court as a condition of |
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community supervision shall prohibit the defendant from using the |
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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) The court may modify at any time the condition |
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described by Subsection (j)(1)(D) if: |
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(A) the condition interferes with the |
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defendant's ability to attend school or become or remain employed |
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and consequently constitutes an undue hardship for the defendant; |
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or |
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(B) the defendant is the parent or guardian of an |
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individual who is younger than 18 years of age and the defendant is |
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not otherwise prohibited from communicating with that individual. |
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(3) 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. 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 three based on an assessment conducted under Article |
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62.007, Code of Criminal Procedure, in addition to other conditions |
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of probation, the court shall prohibit the child from using the |
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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 6. 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 three based on an assessment conducted under |
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Article 62.007, Code of Criminal Procedure, the parole panel as a |
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condition of parole or mandatory supervision shall prohibit the |
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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) The parole panel may modify at any time the condition |
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described by Subsection (a)(4) if: |
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(1) the condition interferes with the releasee's |
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ability to attend school or become or remain employed and |
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consequently constitutes an undue hardship for the releasee; or |
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(2) the releasee is the parent or guardian of an |
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individual who is younger than 18 years of age and the releasee is |
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not otherwise prohibited from communicating with that individual. |
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(c) 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 7. 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 three |
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based on an assessment conducted under Article 62.007, Code of |
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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 8. (a) The changes in law made by this Act in adding |
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Section 11(j), Article 42.12, Code of Criminal Procedure, Section |
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54.0409(a), Family Code, Section 508.1861(a), Government Code, and |
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Section 61.08135(a), Human Resources Code, apply only to a person |
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who is placed on community supervision or juvenile probation or |
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released on parole or other supervision on or after the effective |
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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 9. This Act takes effect September 1, 2009. |