81R9046 JE-F
By: Turner of Tarrant H.B. No. 2397
A BILL TO BE ENTITLED
AN ACT
relating to requiring computer technicians to report images of
child pornography; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as
effective April 1, 2009, is amended by adding Chapter 107 to read as
follows:
CHAPTER 107. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD
PORNOGRAPHY
Sec. 107.001. DEFINITIONS. In this chapter:
(1) "Child pornography" means an image of a child
engaging in sexual conduct or sexual performance.
(2) "Commercial mobile service provider" has the
meaning assigned by Section 64.201, Utilities Code.
(3) "Computer technician" means an individual who in
the course and scope of employment or business installs, repairs,
or otherwise services a computer for a fee.
(4) "Information service provider" includes an
Internet service provider and hosting service provider.
(5) "Sexual conduct" and "sexual performance" have the
meanings assigned by Section 43.25, Penal Code.
(6) "Telecommunications provider" has the meaning
assigned by Section 51.002, Utilities Code.
Sec. 107.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. A
computer technician who in the course and scope of employment or
business views an image on a computer that is or appears to be child
pornography shall immediately report the discovery of the image to
a local or state law enforcement agency or the Cyber Tipline at the
National Center for Missing and Exploited Children. The report
must include the name and address of the owner or person claiming a
right to possession of the computer, if known.
Sec. 107.003. IMMUNITY FROM LIABILITY. (a) Except in a
case of wilful or wanton misconduct, a computer technician is
immune from liability in a criminal or civil action brought against
the technician for reporting the discovery of an image under
Section 107.002.
(b) A telecommunications provider, commercial mobile
service provider, or information service provider is not liable
under this chapter for the failure to report child pornography that
is transmitted or stored by a user of the service.
Sec. 107.004. CRIMINAL PENALTY. (a) A person who violates
this chapter commits an offense. An offense under this subsection
is a Class B misdemeanor.
(b) It is a defense to prosecution under this section that
the actor did not report the discovery of an image of child
pornography because the child in the image appeared to be at least
18 years of age.
SECTION 2. This Act takes effect September 1, 2009.