81R21569 JE-D
By: Turner of Tarrant, Harless, Eissler, H.B. No. 2397
Parker, Thibaut
Substitute the following for H.B. No. 2397:
By: Ritter C.S.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) "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.
(3) "Sexual conduct" and "sexual performance" have the
meanings assigned by Section 43.25, Penal Code.
Sec. 107.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY.
(a) 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.
(b) A computer technician may not be held liable on account
of any action taken in good faith to comply with this section.
Sec. 107.003. 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.