By: Carona, et al. S.B. No. 1843
(In the Senate - Filed March 11, 2011; March 24, 2011, read
first time and referred to Committee on Criminal Justice;
May 10, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 10, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1843 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to investigations of certain offenses involving the
Internet-based sexual exploitation of a minor; creating the
Internet crimes against children account to support those
activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Alicia's Law.
SECTION 2. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 422 to read as follows:
CHAPTER 422. INTERNET-BASED SEXUAL EXPLOITATION OF MINOR
Sec. 422.001. DEFINITION. In this chapter, "ICAC task
force" means an Internet Crimes Against Children task force that
is:
(1) located in this state; and
(2) recognized by the United States Department of
Justice.
Sec. 422.002. INTERNET CRIMES AGAINST CHILDREN ACCOUNT.
(a) The Internet crimes against children account is an account in
the general revenue fund.
(b) The account consists of:
(1) money transferred by the legislature directly to
the account; and
(2) gifts, grants, or donations.
(c) Interest earned on the account shall be credited to the
account.
(d) Section 403.095 does not apply to the account.
(e) Money in the account may be appropriated only to support
the administration and activities of an ICAC task force.
(f) Any money in the account that is appropriated in a state
fiscal year under Subsection (e) shall be appropriated in equal
amounts to each ICAC task force.
Sec. 422.003. ADMINISTRATIVE SUBPOENA. (a) The attorney
general shall assist persons authorized under this section in
obtaining administrative subpoenas to investigate and prosecute
offenses that involve the Internet-based sexual exploitation of a
minor.
(b) A prosecuting attorney or an officer of an ICAC task
force may issue and cause to be served an administrative subpoena
that requires the production of records or other documentation as
described by Subsection (d) if:
(1) the subpoena relates to an investigation of an
offense that involves the sexual exploitation of a minor; and
(2) there is reasonable cause to believe that an
Internet or electronic service account provided through an
electronic communication service or remote computing service has
been used in the sexual exploitation or attempted sexual
exploitation of the minor.
(c) A subpoena under Subsection (b) must:
(1) describe any objects or items to be produced; and
(2) prescribe a reasonable return date by which those
objects or items must be assembled and made available.
(d) Except as provided by Subsection (e), a subpoena issued
under Subsection (b) may require the production of any records or
other documentation relevant to the investigation, including:
(1) a name;
(2) an address;
(3) a local or long distance telephone connection
record, satellite-based Internet service provider connection
record, or record of session time and duration;
(4) the duration of the applicable service, including
the start date for the service and the type of service used;
(5) a telephone or instrument number or other number
used to identify a subscriber, including a temporarily assigned
network address; and
(6) the source of payment for the service, including a
credit card or bank account number.
(e) A provider of an electronic communication service or
remote computing service may not disclose the following information
in response to a subpoena issued under Subsection (b):
(1) an in-transit electronic communication;
(2) an account membership related to an Internet
group, newsgroup, mailing list, or specific area of interest;
(3) an account password; or
(4) any account content, including:
(A) any form of electronic mail;
(B) an address book, contact list, or buddy list;
(C) a financial record;
(D) Internet proxy content or Internet history;
or
(E) a file or other digital document stored in
the account or as part of the use of the account.
(f) A provider of an electronic communication service or
remote computing service shall disclose the information described
by Subsection (e) if that disclosure is required by court order.
(g) A person authorized to serve process under the Texas
Rules of Civil Procedure may serve a subpoena issued under
Subsection (b). The person shall serve the subpoena in accordance
with the Texas Rules of Civil Procedure.
(h) Before the return date specified on a subpoena issued
under Subsection (b), the person receiving the subpoena may, in an
appropriate court located in the county where the subpoena was
issued, petition for an order to modify or quash the subpoena or to
prohibit disclosure of applicable information by a court.
(i) If a criminal case or proceeding does not result from
the production of records or other documentation under this section
within a reasonable period, the prosecuting attorney or ICAC task
force shall, as appropriate:
(1) destroy the records or documentation; or
(2) return the records or documentation to the person
who produced the records or documentation.
Sec. 422.004. CONFIDENTIALITY OF INFORMATION. Any
information, records, or data reported or obtained under a subpoena
issued under Section 422.003(b):
(1) is confidential; and
(2) may not be disclosed to any other person unless the
disclosure is made as part of a criminal case related to those
materials.
SECTION 3. This Act takes effect September 1, 2011.
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