Texas 2009 - 81st Regular

Texas House Bill HB2397

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring computer technicians to report images of child pornography; providing a criminal penalty.

Impact

The bill significantly alters the existing framework regarding how child pornography is addressed in the context of information technology and telecommunications. By establishing a clear obligation for computer technicians to report, it reinforces the legal responsibilities on professionals who interact with digital media and devices. This is intended to enhance law enforcement's capability to respond to and manage cases involving child exploitation. However, the implementation of this mandate may place an additional burden on technicians, requiring them to balance their professional duties with legal implications.

Summary

House Bill 2397 mandates that computer technicians must report any images of child pornography that they encounter during the course of their work. The bill defines a computer technician as anyone who installs, repairs, or services computers for a fee. Upon discovering such images, the technician is required to immediately notify local or state law enforcement or the Cyber Tipline at the National Center for Missing and Exploited Children, thereby expanding the obligated reporting chain for child exploitation material. The legislation aims to curb the spread of child pornography by ensuring that those who may encounter it in their professional work must act to report it.

Contention

Noteworthy points of contention may arise around the potential legal ramifications for computer technicians under this bill. While the legislation provides immunity from liability for those who report in good faith, concerns exist regarding what constitutes 'good faith' reporting and the possibility of technicians being prosecuted if they misinterpret or misjudge an image. The bill includes provisions allowing for a defense if the child in the image appears to be over 18 years, which could lead to challenges in judgment calls being made in real-time under pressure. Critics may argue that the bill does not sufficiently protect technicians against false accusations resulting from their reporting actions.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.