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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 reporting, collection, and exchange of information |
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regarding those offenders; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 13E to read as follows: |
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Sec. 13E. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX |
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OFFENDERS. (a) This section applies only to a person who is |
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required to register as a sex offender under Chapter 62, by court |
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order or otherwise, and: |
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(1) is convicted of or receives a grant of deferred |
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adjudication community supervision for a violation of Section |
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21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal |
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Code; |
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(2) used the Internet or any other type of electronic |
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device used for Internet access to commit the offense or engage in |
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the conduct for which the person is required to register under |
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Chapter 62; or |
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(3) is assigned a numeric risk level of three based on |
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an assessment conducted under Article 62.007. |
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(b) If the court grants community supervision to a defendant |
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described by Subsection (a), the court as a condition of community |
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supervision shall prohibit the defendant from using the Internet |
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to: |
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(1) access material that is obscene as defined by |
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Section 43.21, Penal Code; |
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(2) access a commercial social networking site, as |
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defined by Article 62.0061(f); |
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(3) communicate with any individual concerning sexual |
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relations with an individual who is younger than 17 years of age; or |
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(4) communicate with another individual the defendant |
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knows is younger than 17 years of age. |
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(c) The court may modify at any time the condition described |
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by Subsection (b)(4) if: |
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(1) the condition interferes with the defendant'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 defendant; or |
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(2) the defendant is the parent or guardian of an |
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individual who is younger than 17 years of age and the defendant is |
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not otherwise prohibited from communicating with that individual. |
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SECTION 2. Article 62.001, Code of Criminal Procedure, is |
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amended by adding Subdivision (11) to read as follows: |
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(11) "Online identifier" means electronic mail |
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address information or a name used by a person when sending or |
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receiving an instant message, social networking communication, or |
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similar Internet communication or when participating in an Internet |
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chat. The term includes an assumed name, nickname, pseudonym, |
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moniker, or user name established by a person for use in connection |
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with an electronic mail address, chat or instant chat room |
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platform, commercial social networking site, or online |
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picture-sharing service. |
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SECTION 3. Article 62.005, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (j) to |
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read as follows: |
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(b) The information contained in the database, including |
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the numeric risk level assigned to a person under this chapter, is |
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public information, with the exception of any information: |
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(1) regarding the person's social security number |
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or[,] driver's license number, or any home, work, or cellular |
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telephone number of the person; |
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(2) that is described [required] by [the department
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under] Article 62.051(c)(7) or required by the department under |
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Article 62.051(c)(8); or |
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(3) that would identify the victim of the offense for |
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which the person is subject to registration. |
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(j) The department, for law enforcement purposes, shall |
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release all relevant information described by Subsection (a), |
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including information that is not public information under |
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Subsection (b), to a peace officer, an employee of a local law |
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enforcement authority, or the attorney general on the request of |
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the applicable person or entity. |
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SECTION 4. 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 ONLINE IDENTIFIERS BY SOCIAL |
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NETWORKING SITES. (a) On request by a commercial social |
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networking site, the department may provide to the commercial |
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social networking site: |
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(1) all public information that is contained in the |
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database maintained under Article 62.005; and |
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(2) notwithstanding Article 62.005(b)(2), any online |
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identifier established or used by a person who uses the site, is |
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seeking to use the site, or is precluded from using the site. |
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(b) The department by rule shall establish a procedure |
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through which a commercial social networking site may request |
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information under Subsection (a), including rules regarding the |
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eligibility of commercial social networking sites to request |
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information under Subsection (a). The department shall consult |
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with the attorney general, other appropriate state agencies, and |
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other appropriate entities in adopting rules under this subsection. |
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(c) A commercial social networking site or the site's agent: |
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(1) may use information received under Subsection (a) |
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only to: |
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(A) prescreen persons seeking to use the site; or |
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(B) preclude persons registered under this |
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chapter from using the site; and |
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(2) may not use any information received under |
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Subsection (a) that the networking site obtained solely under |
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Subsection (a) in any manner not described by Subdivision (1). |
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(d) A commercial social networking site that uses |
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information received under Subsection (a) in any manner not |
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described by Subsection (c)(1) or that violates a rule adopted by |
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the department under Subsection (b) is subject to a civil penalty of |
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$1,000 for each misuse of information or rule violation. A |
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commercial social networking site that is assessed a civil penalty |
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under this article shall pay, in addition to the civil penalty, all |
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court costs, investigative costs, and attorney's fees associated |
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with the assessment of the penalty. A civil penalty assessed under |
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this subsection shall be deposited to the compensation to victims |
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of crime fund established under Subchapter B, Chapter 56. |
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(e) This article does not create a private cause of action |
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against a commercial social networking site, including a cause of |
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action that is based on the site: |
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(1) identifying, removing, disabling, blocking, or |
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otherwise affecting the user of a commercial social networking |
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site, based on a good faith belief that the person is required to |
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register as a sex offender under this chapter or federal law; or |
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(2) failing to identify, remove, disable, block, or |
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otherwise affect the user of a commercial social networking site |
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who is required to register as a sex offender under this chapter or |
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federal law. |
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(f) In this article, "commercial social networking site": |
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(1) means an Internet website that: |
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(A) allows users, through the creation of |
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Internet web pages or profiles or other similar means, to provide |
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personal information to the public or other users of the Internet |
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website; |
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(B) offers a mechanism for communication with |
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other users of the Internet website; and |
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(C) has the primary purpose of facilitating |
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online social interactions; and |
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(2) does not include an Internet service provider, |
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unless the Internet service provider separately operates and |
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directly derives revenue from an Internet website described by |
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Subdivision (1). |
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SECTION 5. Subsection (c), Article 62.051, Code of Criminal |
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Procedure, is amended to 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 used by the person and any home, work, or |
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cellular telephone number of 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 online identifier |
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established or used by the person; and |
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(8) any other information required by the department. |
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SECTION 6. Subsection (f), Article 62.053, Code of Criminal |
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Procedure, is amended to read as follows: |
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(f) The local law enforcement authority shall include in the |
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notice to the superintendent of the public school district and to |
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the administrator of any private primary or secondary school |
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located in the public school district any information the authority |
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determines is necessary to protect the public, except: |
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(1) the person's social security number or[,] driver's |
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license number, or any home, work, or cellular telephone number of |
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the person; and |
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(2) any information that would identify the victim of |
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the offense for which the person is subject to registration. |
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SECTION 7. Subsection (g), Article 62.055, Code of Criminal |
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Procedure, is amended to read as follows: |
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(g) The local law enforcement authority shall include in the |
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notice to the superintendent of the public school district and the |
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administrator of any private primary or secondary school located in |
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the public school district any information the authority determines |
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is necessary to protect the public, except: |
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(1) the person's social security number or[,] driver's |
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license number, or any home, work, or cellular telephone number of |
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the person; and |
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(2) any information that would identify the victim of |
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the offense for which the person is subject to registration. |
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SECTION 8. 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 IN ONLINE IDENTIFIERS. (a) If a |
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person required to register under this chapter changes any online |
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identifier included on the person's registration form or |
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establishes any new online identifier not already included on the |
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person's registration form, the person, not later than the later of |
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the seventh day after the change or establishment or the first date |
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the applicable authority by policy allows the person to report, |
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shall report the change or establishment to the person's primary |
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registration authority in the manner prescribed by the authority. |
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(b) A primary registration authority that receives |
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information under this article shall forward information in the |
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same manner as information received by the authority under Article |
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62.055. |
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SECTION 9. Subsections (a) and (b), Article 62.057, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) If the juvenile probation officer, community |
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supervision and corrections department officer, or parole officer |
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supervising a person subject to registration under this chapter |
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receives information to the effect that the person's status has |
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changed in any manner that affects proper supervision of the |
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person, including a change in the person's name, online |
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identifiers, physical health, job or educational status, including |
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higher educational status, incarceration, or terms of release, the |
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supervising officer shall promptly notify the appropriate local law |
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enforcement authority or authorities of that change. If the person |
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required to register intends to change address, the supervising |
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officer shall notify the local law enforcement authorities |
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designated by Article 62.055(b). Not later than the seventh day |
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after the date the supervising officer receives the relevant |
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information, the supervising officer shall notify the local law |
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enforcement authority of any change in the person's job or |
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educational status in which the person: |
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(1) becomes employed, begins to carry on a vocation, |
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or becomes a student at a particular public or private institution |
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of higher education; or |
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(2) terminates the person's status in that capacity. |
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(b) Not later than the later of the seventh day after the |
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date of the change or the first date the applicable authority by |
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policy allows the person to report, a person subject to |
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registration under this chapter shall report 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 any change in the person's |
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name, online identifiers, physical health, or job or educational |
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status, including higher educational status. |
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SECTION 10. 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) This section applies only to a person who, on |
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release, will be required to register as a sex offender under |
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Chapter 62, Code of Criminal Procedure, by court order or |
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otherwise, and: |
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(1) is serving a sentence for an offense under Section |
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21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal |
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Code; |
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(2) used the Internet or any other type of electronic |
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device used for Internet access to commit the offense or engage in |
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the conduct for which the person is required to register under |
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Chapter 62, Code of Criminal Procedure; or |
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(3) is assigned a numeric risk level of three based on |
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an assessment conducted under Article 62.007, Code of Criminal |
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Procedure. |
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(b) If the parole panel releases on parole or to mandatory |
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supervision a person described by Subsection (a), 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 material that is obscene as defined by |
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Section 43.21, Penal Code; |
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(2) access a commercial social networking site, as |
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defined by Article 62.0061(f), Code of Criminal Procedure; |
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(3) communicate with any individual concerning sexual |
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relations with an individual who is younger than 17 years of age; or |
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(4) communicate with another individual the releasee |
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knows is younger than 17 years of age. |
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(c) The parole panel may modify at any time the condition |
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described by Subsection (b)(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 17 years of age and the releasee is |
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not otherwise prohibited from communicating with that individual. |
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SECTION 11. The changes in law made by this Act in adding |
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Section 13E, Article 42.12, Code of Criminal Procedure, and Section |
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508.1861, Government Code, apply only to a person who is placed on |
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community supervision or released on parole or to mandatory |
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supervision on or after the effective date of this Act. |
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SECTION 12. The Department of Public Safety of the State of |
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Texas shall implement Subsection (c), Article 62.051, Code of |
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Criminal Procedure, as amended by this Act, and Subsection (j), |
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Article 62.005, and Article 62.0061, Code of Criminal Procedure, as |
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added by this Act, as soon as practicable after September 1, 2009, |
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but not later than January 1, 2010. |
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SECTION 13. The change in law made by this Act in amending |
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Chapter 62, Code of Criminal Procedure, applies to any person who, |
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on or after January 1, 2010, is subject to registration under that |
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chapter regardless of whether the offense or conduct for which the |
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person is subject to registration occurred before, on, or after |
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that date. |
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SECTION 14. This Act takes effect September 1, 2009. |