| 1 | 1 | | 81R21569 JE-D |
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| 2 | 2 | | By: Turner of Tarrant, Harless, Eissler, H.B. No. 2397 |
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| 3 | 3 | | Parker, Thibaut |
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| 4 | 4 | | Substitute the following for H.B. No. 2397: |
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| 5 | 5 | | By: Ritter C.S.H.B. No. 2397 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to requiring computer technicians to report images of |
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| 11 | 11 | | child pornography; providing a criminal penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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| 14 | 14 | | effective April 1, 2009, is amended by adding Chapter 107 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | CHAPTER 107. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD |
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| 17 | 17 | | PORNOGRAPHY |
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| 18 | 18 | | Sec. 107.001. DEFINITIONS. In this chapter: |
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| 19 | 19 | | (1) "Child pornography" means an image of a child |
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| 20 | 20 | | engaging in sexual conduct or sexual performance. |
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| 21 | 21 | | (2) "Computer technician" means an individual who, in |
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| 22 | 22 | | the course and scope of employment or business, installs, repairs, |
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| 23 | 23 | | or otherwise services a computer for a fee. |
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| 24 | 24 | | (3) "Sexual conduct" and "sexual performance" have the |
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| 25 | 25 | | meanings assigned by Section 43.25, Penal Code. |
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| 26 | 26 | | Sec. 107.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. |
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| 27 | 27 | | (a) A computer technician who, in the course and scope of |
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| 28 | 28 | | employment or business, views an image on a computer that is or |
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| 29 | 29 | | appears to be child pornography shall immediately report the |
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| 30 | 30 | | discovery of the image to a local or state law enforcement agency or |
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| 31 | 31 | | the Cyber Tipline at the National Center for Missing and Exploited |
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| 32 | 32 | | Children. The report must include the name and address of the owner |
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| 33 | 33 | | or person claiming a right to possession of the computer, if known. |
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| 34 | 34 | | (b) A computer technician may not be held liable on account |
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| 35 | 35 | | of any action taken in good faith to comply with this section. |
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| 36 | 36 | | Sec. 107.003. CRIMINAL PENALTY. (a) A person who violates |
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| 37 | 37 | | this chapter commits an offense. An offense under this subsection |
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| 38 | 38 | | is a Class B misdemeanor. |
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| 39 | 39 | | (b) It is a defense to prosecution under this section that |
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| 40 | 40 | | the actor did not report the discovery of an image of child |
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| 41 | 41 | | pornography because the child in the image appeared to be at least |
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| 42 | 42 | | 18 years of age. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2009. |
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