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SECTION 1. Section 13G,
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
Sec. 13G. PROHIBITIONS ON
INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) This section applies only
to a person who is required to register as a sex offender under Chapter 62,
by court order or otherwise, and:
(1) is convicted of or
receives a grant of deferred adjudication community supervision for a
violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or
43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62; or
(3) is assigned a numeric
risk level of two [three] based on an assessment conducted
under Article 62.007.
(b) If the court grants
community supervision to a defendant described by Subsection (a), the court
as a condition of community supervision shall:
(1) prohibit the
defendant from using the Internet to:
(A) [(1)]
access material that is obscene as defined by Section 43.21, Penal Code;
(B) [(2)]
access a commercial social networking site, as defined by Article
62.0061(f);
(C) [(3)]
communicate with any individual concerning sexual relations with an
individual who is younger than 17 years of age; or
(D) [(4)]
communicate with another individual the defendant knows is younger than 17
years of age; and
(2) to ensure the
defendant's compliance with Subdivision (1), require the defendant to
submit to regular inspection or monitoring of each electronic device used
by the defendant to access the Internet.
(c) The court may modify at
any time the condition described by Subsection (b)(1)(D) [(b)(4)]
if:
(1) 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; or
(2) the defendant is the
parent or guardian of an individual who is younger than 17 years of age and
the defendant is not otherwise prohibited from communicating with that
individual.
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SECTION 1. Section 13G,
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
Sec. 13G. PROHIBITIONS ON
INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) This section applies only
to a person who is required to register as a sex offender under Chapter 62,
by court order or otherwise, and:
(1) is convicted of or
receives a grant of deferred adjudication community supervision for a
violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or
43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62; or
(3) is assigned a numeric
risk level of two or three based on an assessment conducted
under Article 62.007.
(b) If the court grants
community supervision to a defendant described by Subsection (a), the court
as a condition of community supervision shall:
(1) prohibit the
defendant from using the Internet to:
(A) [(1)]
access material that is obscene as defined by Section 43.21, Penal Code;
(B) [(2)]
access a commercial social networking site, as defined by Article
62.0061(f);
(C) [(3)]
communicate with any individual concerning sexual relations with an
individual who is younger than 17 years of age; or
(D) [(4)]
communicate with another individual the defendant knows is younger than 17
years of age; and
(2) to ensure the
defendant's compliance with Subdivision (1), require the defendant to
submit to regular inspection or monitoring of each electronic device used
by the defendant to access the Internet.
(c) The court may modify at
any time the condition described by Subsection (b)(1)(D) [(b)(4)]
if:
(1) 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; or
(2) the defendant is the
parent or guardian of an individual who is younger than 17 years of age and
the defendant is not otherwise prohibited from communicating with that
individual.
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SECTION 2. Section 508.1861,
Government Code, is amended to read as follows:
Sec. 508.1861. PROHIBITIONS
ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) This section applies
only to a person who, on release, will be required to register as a sex
offender under Chapter 62, Code of Criminal Procedure, by court order or
otherwise, and:
(1) is serving a sentence
for an offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021,
or 43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62, Code of Criminal Procedure; or
(3) is assigned a numeric
risk level of two [three] based on an assessment
conducted under Article 62.007, Code of Criminal Procedure.
(b) If the parole panel
releases on parole or to mandatory supervision a person described by
Subsection (a), the parole panel as a condition of parole or mandatory
supervision shall:
(1) prohibit the
releasee from using the Internet to:
(A) [(1)]
access material that is obscene as defined by Section 43.21, Penal Code;
(B) [(2)]
access a commercial social networking site, as defined by Article
62.0061(f), Code of Criminal Procedure;
(C) [(3)]
communicate with any individual concerning sexual relations with an
individual who is younger than 17 years of age; or
(D) [(4)]
communicate with another individual the releasee knows is younger than 17
years of age; and
(2) to ensure the
releasee's compliance with Subdivision (1), require the releasee to submit
to regular inspection or monitoring of each electronic device used by the
releasee to access the Internet.
(c) The parole panel may
modify at any time the condition described by Subsection (b)(1)(D) [(b)(4)]
if:
(1) 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; or
(2) the releasee is the
parent or guardian of an individual who is younger than 17 years of age and
the releasee is not otherwise prohibited from communicating with that
individual.
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SECTION 2. Section 508.1861,
Government Code, is amended to read as follows:
Sec. 508.1861. PROHIBITIONS
ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS. (a) This section applies
only to a person who, on release, will be required to register as a sex
offender under Chapter 62, Code of Criminal Procedure, by court order or
otherwise, and:
(1) is serving a sentence
for an offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021,
or 43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62, Code of Criminal Procedure; or
(3) is assigned a numeric
risk level of two or three based on an assessment conducted
under Article 62.007, Code of Criminal Procedure.
(b) If the parole panel
releases on parole or to mandatory supervision a person described by
Subsection (a), the parole panel as a condition of parole or mandatory
supervision shall:
(1) prohibit the
releasee from using the Internet to:
(A) [(1)]
access material that is obscene as defined by Section 43.21, Penal Code;
(B) [(2)]
access a commercial social networking site, as defined by Article
62.0061(f), Code of Criminal Procedure;
(C) [(3)]
communicate with any individual concerning sexual relations with an
individual who is younger than 17 years of age; or
(D) [(4)]
communicate with another individual the releasee knows is younger than 17
years of age; and
(2) to ensure the
releasee's compliance with Subdivision (1), require the releasee to submit
to regular inspection or monitoring of each electronic device used by the
releasee to access the Internet.
(c) The parole panel may
modify at any time the condition described by Subsection (b)(1)(D) [(b)(4)]
if:
(1) 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; or
(2) the releasee is the
parent or guardian of an individual who is younger than 17 years of age and
the releasee is not otherwise prohibited from communicating with that
individual.
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SECTION 3. (a) Section 13G,
Article 42.12, Code of Criminal Procedure, as amended by this Act, and
Section 508.1861, Government Code, as amended by this Act, apply only to a
person who is placed on community supervision or released on parole or to
mandatory supervision on or after September 1, 2009. A person who is placed
on community supervision or released on parole or to mandatory supervision
before September 1, 2009, is governed by the law in effect on the date the
person was placed on community supervision or released on parole or to
mandatory supervision, and the former law is continued in effect for that
purpose.
(b) The applicable court or
parole panel shall modify the conditions of supervision or parole as appropriate
to conform to the requirements of Section 13G, Article 42.12, Code of
Criminal Procedure, as amended by this Act, and Section 508.1861,
Government Code, as amended by this Act, for each sex offender with a
numeric risk level of two or three who was placed on community supervision
or released on parole or to mandatory supervision on or after September 1,
2009, and who has not yet completed the offender's period of supervision or
parole.
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SECTION 3. Same as introduced
version.
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