81R724 KEL-D

By: Uresti S.B. No. 1738

A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the use of the Internet by certain sex offenders.

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

SECTION 1. Article 42.01, Code of Criminal Procedure, is amended by adding Section 9 to read as follows:

Sec. 9. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0196.

SECTION 2. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0196 to read as follows:

Art. 42.0196. FINDING THAT INTERNET USED TO FACILITATE COMMISSION OF SEX OFFENSE. In the trial of an offense described by Article 62.101(a), the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the defendant used the Internet to facilitate the commission of the offense.

SECTION 3. Section 5, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (k) to read as follows:

(k) A judge who places on community supervision under this section a defendant charged with an offense described by Article 62.101(a), other than an offense for which the defendant is not eligible to receive a grant of deferred adjudication, shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the defendant used the Internet to facilitate the commission of the offense.

SECTION 4. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (j) to read as follows:

(j)(1) If the court grants community supervision to a defendant who is convicted of or receives a grant of deferred adjudication for an offense described by Article 62.101(a), other than an offense for which the defendant is not eligible for placement on community supervision or a grant of deferred adjudication, as applicable, and if the judgment or papers in the case contain the affirmative finding described by Article 42.0196 or by Section 5(k), Article 42.12, as applicable, the court as a condition of community supervision shall:

(A) prohibit the defendant from accessing or using the Internet without the prior written approval of the defendant's community supervision and corrections department officer;

(B) require the defendant to submit to periodic unannounced examinations of the defendant's computer or any other device with Internet capability by a community supervision and corrections department officer, law enforcement officer, or assigned computer or information technology specialist, including:

(i) the retrieval and copying of all data from the computer or device and any internal or external peripherals; and

(ii) the removal of that data, computer, device, or equipment to conduct a more thorough inspection;

(C) with respect to a computer or device described by Paragraph (B), and at the defendant's expense, require the defendant to submit to an installation of one or more hardware or software systems designed to monitor the defendant's access to or use of the Internet; and

(D) require the defendant to submit to any other appropriate restrictions concerning the defendant's access to or use of the Internet.

(2) The court may modify at any time a condition described by Subdivision (1) if the condition interferes with the defendant's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant.

SECTION 5. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1861 to read as follows:

Sec. 508.1861. PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) If the parole panel releases on parole or to mandatory supervision a person who is serving a sentence for an offense described by Article 62.101(a), Code of Criminal Procedure, and for which the judgment in the case contains the affirmative finding described by Article 42.0196, Code of Criminal Procedure, the parole panel as a condition of parole or mandatory supervision shall:

(1) prohibit the releasee from accessing or using the Internet without the prior written approval of the releasee's parole officer;

(2) require the releasee to submit to periodic unannounced examinations of the releasee's computer or any other device with Internet capability by a parole officer, law enforcement officer, or assigned computer or information technology specialist, including:

(A) the retrieval and copying of all data from the computer or device and any internal or external peripherals; and

(B) the removal of that data, computer, device, or equipment to conduct a more thorough inspection;

(3) with respect to a computer or device described by Subdivision (2), and at the releasee's expense, require the releasee to submit to an installation of one or more hardware or software systems designed to monitor the releasee's access to or use of the Internet; and

(4) require the releasee to submit to any other appropriate restrictions concerning the releasee's access to or use of the Internet.

(b) The parole panel may modify at any time a condition described by Subsection (a) if the condition interferes with the releasee's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the releasee.

SECTION 6. (a) The changes in law made by this Act in adding Section 9, Article 42.01, Code of Criminal Procedure, Article 42.0196, Code of Criminal Procedure, and Section 5(k), Article 42.12, Code of Criminal Procedure, apply only to, as applicable, a judgment of conviction entered on or after the effective date of this Act or a grant of deferred adjudication made on or after that date.

(b) The changes in law made by this Act in adding Section 11(j), Article 42.12, Code of Criminal Procedure, and Section 508.1861(a), Government Code, apply only to a person who is placed on community supervision or released on parole or to mandatory supervision on or after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2009.