Texas 2011 - 82nd Regular

Texas House Bill HB3746 Compare Versions

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1	1	By: Frullo, et al. (Senate Sponsor - Carona) H.B. No. 3746
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to investigations of certain offenses involving the
11	11	Internet-based sexual exploitation of a minor; creating the
12	12	Internet crimes against children account to support those
13	13	activities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. This Act shall be known as Alicia's Law.
16	16	SECTION 2. Subtitle B, Title 4, Government Code, is amended
17	17	by adding Chapter 422 to read as follows:
18	18	CHAPTER 422. INTERNET-BASED SEXUAL EXPLOITATION OF MINOR
19	19	Sec. 422.001. DEFINITION. In this chapter, "ICAC task
20	20	force" means an Internet Crimes Against Children task force that
21	21	is:
22	22	(1) located in this state; and
23	23	(2) recognized by the United States Department of
24	24	Justice.
25	25	Sec. 422.002. INTERNET CRIMES AGAINST CHILDREN ACCOUNT.
26	26	(a) The Internet crimes against children account is an account in
27	27	the general revenue fund.
28	28	(b) The account consists of:
29	29	(1) money transferred by the legislature directly to
30	30	the account; and
31	31	(2) gifts, grants, or donations.
32	32	(c) Interest earned on the account shall be credited to the
33	33	account.
34	34	(d) Section 403.095 does not apply to the account.
35	35	(e) Money in the account may be appropriated only to support
36	36	the administration and activities of an ICAC task force.
37	37	(f) Any money in the account that is appropriated in a state
38	38	fiscal year under Subsection (e) shall be appropriated in equal
39	39	amounts to each ICAC task force.
40	40	Sec. 422.003. ADMINISTRATIVE SUBPOENA. (a) The attorney
41	41	general shall assist persons authorized under this section in
42	42	obtaining administrative subpoenas to investigate and prosecute
43	43	offenses that involve the Internet-based sexual exploitation of a
44	44	minor.
45	45	(b) A prosecuting attorney or an officer of an ICAC task
46	46	force may issue and cause to be served an administrative subpoena
47	47	that requires the production of records or other documentation as
48	48	described by Subsection (d) if:
49	49	(1) the subpoena relates to an investigation of an
50	50	offense that involves the sexual exploitation of a minor; and
51	51	(2) there is reasonable cause to believe that an
52	52	Internet or electronic service account provided through an
53	53	electronic communication service or remote computing service has
54	54	been used in the sexual exploitation or attempted sexual
55	55	exploitation of the minor.
56	56	(c) A subpoena under Subsection (b) must:
57	57	(1) describe any objects or items to be produced; and
58	58	(2) prescribe a reasonable return date by which those
59	59	objects or items must be assembled and made available.
60	60	(d) Except as provided by Subsection (e), a subpoena issued
61	61	under Subsection (b) may require the production of any records or
62	62	other documentation relevant to the investigation, including:
63	63	(1) a name;
64	64	(2) an address;
65	65	(3) a local or long distance telephone connection
66	66	record, satellite-based Internet service provider connection
67	67	record, or record of session time and duration;
68	68	(4) the duration of the applicable service, including
69	69	the start date for the service and the type of service used;
70	70	(5) a telephone or instrument number or other number
71	71	used to identify a subscriber, including a temporarily assigned
72	72	network address; and
73	73	(6) the source of payment for the service, including a
74	74	credit card or bank account number.
75	75	(e) A provider of an electronic communication service or
76	76	remote computing service may not disclose the following information
77	77	in response to a subpoena issued under Subsection (b):
78	78	(1) an in-transit electronic communication;
79	79	(2) an account membership related to an Internet
80	80	group, newsgroup, mailing list, or specific area of interest;
81	81	(3) an account password; or
82	82	(4) any account content, including:
83	83	(A) any form of electronic mail;
84	84	(B) an address book, contact list, or buddy list;
85	85	(C) a financial record;
86	86	(D) Internet proxy content or Internet history;
87	87	or
88	88	(E) a file or other digital document stored in
89	89	the account or as part of the use of the account.
90	90	(f) A provider of an electronic communication service or
91	91	remote computing service shall disclose the information described
92	92	by Subsection (e) if that disclosure is required by court order.
93	93	(g) A person authorized to serve process under the Texas
94	94	Rules of Civil Procedure may serve a subpoena issued under
95	95	Subsection (b). The person shall serve the subpoena in accordance
96	96	with the Texas Rules of Civil Procedure.
97	97	(h) Before the return date specified on a subpoena issued
98	98	under Subsection (b), the person receiving the subpoena may, in an
99	99	appropriate court located in the county where the subpoena was
100	100	issued, petition for an order to modify or quash the subpoena or to
101	101	prohibit disclosure of applicable information by a court.
102	102	(i) If a criminal case or proceeding does not result from
103	103	the production of records or other documentation under this section
104	104	within a reasonable period, the prosecuting attorney or ICAC task
105	105	force shall, as appropriate:
106	106	(1) destroy the records or documentation; or
107	107	(2) return the records or documentation to the person
108	108	who produced the records or documentation.
109	109	Sec. 422.004. CONFIDENTIALITY OF INFORMATION. Any
110	110	information, records, or data reported or obtained under a subpoena
111	111	issued under Section 422.003(b):
112	112	(1) is confidential; and
113	113	(2) may not be disclosed to any other person unless the
114	114	disclosure is made as part of a criminal case related to those
115	115	materials.
116	116	SECTION 3. This Act takes effect September 1, 2011.
117	117	* * * * *