Texas 2011 - 82nd Regular

Texas Senate Bill SB1843 Compare Versions

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1	1	By: Carona, et al. S.B. No. 1843
2	2	(Frullo, Gallego, Hartnett, Christian,
3	3	Davis of Dallas)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to investigations of certain offenses involving the
9	9	Internet-based sexual exploitation of a minor; creating the
10	10	Internet crimes against children account to support those
11	11	activities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act shall be known as Alicia's Law.
14	14	SECTION 2. Subtitle B, Title 4, Government Code, is amended
15	15	by adding Chapter 422 to read as follows:
16	16	CHAPTER 422. INTERNET-BASED SEXUAL EXPLOITATION OF MINOR
17	17	Sec. 422.001. DEFINITION. In this chapter, "ICAC task
18	18	force" means an Internet Crimes Against Children task force that
19	19	is:
20	20	(1) located in this state; and
21	21	(2) recognized by the United States Department of
22	22	Justice.
23	23	Sec. 422.002. INTERNET CRIMES AGAINST CHILDREN ACCOUNT.
24	24	(a) The Internet crimes against children account is an account in
25	25	the general revenue fund.
26	26	(b) The account consists of:
27	27	(1) money transferred by the legislature directly to
28	28	the account; and
29	29	(2) gifts, grants, or donations.
30	30	(c) Interest earned on the account shall be credited to the
31	31	account.
32	32	(d) Section 403.095 does not apply to the account.
33	33	(e) Money in the account may be appropriated only to support
34	34	the administration and activities of an ICAC task force.
35	35	(f) Any money in the account that is appropriated in a state
36	36	fiscal year under Subsection (e) shall be appropriated in equal
37	37	amounts to each ICAC task force.
38	38	Sec. 422.003. ADMINISTRATIVE SUBPOENA. (a) The attorney
39	39	general shall assist persons authorized under this section in
40	40	obtaining administrative subpoenas to investigate and prosecute
41	41	offenses that involve the Internet-based sexual exploitation of a
42	42	minor.
43	43	(b) A prosecuting attorney or an officer of an ICAC task
44	44	force may issue and cause to be served an administrative subpoena
45	45	that requires the production of records or other documentation as
46	46	described by Subsection (d) if:
47	47	(1) the subpoena relates to an investigation of an
48	48	offense that involves the sexual exploitation of a minor; and
49	49	(2) there is reasonable cause to believe that an
50	50	Internet or electronic service account provided through an
51	51	electronic communication service or remote computing service has
52	52	been used in the sexual exploitation or attempted sexual
53	53	exploitation of the minor.
54	54	(c) A subpoena under Subsection (b) must:
55	55	(1) describe any objects or items to be produced; and
56	56	(2) prescribe a reasonable return date by which those
57	57	objects or items must be assembled and made available.
58	58	(d) Except as provided by Subsection (e), a subpoena issued
59	59	under Subsection (b) may require the production of any records or
60	60	other documentation relevant to the investigation, including:
61	61	(1) a name;
62	62	(2) an address;
63	63	(3) a local or long distance telephone connection
64	64	record, satellite-based Internet service provider connection
65	65	record, or record of session time and duration;
66	66	(4) the duration of the applicable service, including
67	67	the start date for the service and the type of service used;
68	68	(5) a telephone or instrument number or other number
69	69	used to identify a subscriber, including a temporarily assigned
70	70	network address; and
71	71	(6) the source of payment for the service, including a
72	72	credit card or bank account number.
73	73	(e) A provider of an electronic communication service or
74	74	remote computing service may not disclose the following information
75	75	in response to a subpoena issued under Subsection (b):
76	76	(1) an in-transit electronic communication;
77	77	(2) an account membership related to an Internet
78	78	group, newsgroup, mailing list, or specific area of interest;
79	79	(3) an account password; or
80	80	(4) any account content, including:
81	81	(A) any form of electronic mail;
82	82	(B) an address book, contact list, or buddy list;
83	83	(C) a financial record;
84	84	(D) Internet proxy content or Internet history;
85	85	or
86	86	(E) a file or other digital document stored in
87	87	the account or as part of the use of the account.
88	88	(f) A provider of an electronic communication service or
89	89	remote computing service shall disclose the information described
90	90	by Subsection (e) if that disclosure is required by court order.
91	91	(g) A person authorized to serve process under the Texas
92	92	Rules of Civil Procedure may serve a subpoena issued under
93	93	Subsection (b). The person shall serve the subpoena in accordance
94	94	with the Texas Rules of Civil Procedure.
95	95	(h) Before the return date specified on a subpoena issued
96	96	under Subsection (b), the person receiving the subpoena may, in an
97	97	appropriate court located in the county where the subpoena was
98	98	issued, petition for an order to modify or quash the subpoena or to
99	99	prohibit disclosure of applicable information by a court.
100	100	(i) If a criminal case or proceeding does not result from
101	101	the production of records or other documentation under this section
102	102	within a reasonable period, the prosecuting attorney or ICAC task
103	103	force shall, as appropriate:
104	104	(1) destroy the records or documentation; or
105	105	(2) return the records or documentation to the person
106	106	who produced the records or documentation.
107	107	Sec. 422.004. CONFIDENTIALITY OF INFORMATION. Any
108	108	information, records, or data reported or obtained under a subpoena
109	109	issued under Section 422.003(b):
110	110	(1) is confidential; and
111	111	(2) may not be disclosed to any other person unless the
112	112	disclosure is made as part of a criminal case related to those
113	113	materials.
114	114	SECTION 3. This Act takes effect September 1, 2011.