| TO: | Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB2153 by Edwards (Relating to certain registration requirements imposed on sex offenders. ), As Passed 2nd House |
The bill would amend the Code of Criminal Procedure to expand the jurisdiction in which a person committing an offense under Chapter 62 may be prosecuted and to require that a person residing in a temporary or non-identified address provide the applicable law enforcement agencies with a detailed description of its geographical location. Section one of the bill would allow the county indicated by the person required to register as a sex offender as his or her residence to prosecute an offense under Chapter 62, regardless of whether that person establishes or attempts to establish residency in that county. In addition, the county in which the person required to register as a sex offender resides or is found by a peace officer, regardless of how long the person has been in the county or decides to stay in the county, may prosecute an offense under Chapter 62.
The bill would also require that the sex offender registration form include a detailed description of the geographical location at which the person resides or intends to reside, if the person does not reside at a permanent physical address. The bill would require that the person report to the applicable law enforcement agencies the geographical location of his or her temporary address not less than once in each thirty day period during any period in which the person has not moved to his or her intended permanent address.
The bill would also amend the Code of Criminal Procedure and the Government Code by imposing
restrictions on the use of the internet by certain registered sex offenders. The bill would require the
Department of Public Safety (DPS) to collect certain information from registered sex offenders,
including each alias, assumed nickname, pseudonym, including a screen name, and any electronic mail
address, instant messaging address, or other internet communication identifier used by the offender.
The bill would require DPS to release certain information relating to registered sex offenders to the
Attorney General.
Additionally, the bill would also require that DPS establish a procedure whereby commercial social
networking sites may request all internet communication identifiers associated with a person listed in
the Sex Offender Registration Database. The bill would allow commercial networking sites to use the
information to prescreen persons seeking to use their service and to preclude persons registered under Chapter 62, Code of Criminal Procedure, from using the service. The bill outlines the permissible uses by a social networking site for received information and provides for a civil penalty of $1000 for each misuse of information or rule violation.
The Act would take effect on September 1, 2009. This analysis assumes that implementing the provisions of the bill would pose no significant fiscal impact to the state.
| Source Agencies: |
| LBB Staff: | JOB, ESi, GG, MWU
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