| 1 | 1 | | By: Turner of Tarrant, et al. H.B. No. 2539 |
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| 2 | 2 | | (Senate Sponsor - Davis) |
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| 3 | 3 | | (In the Senate - Received from the House May 9, 2013; |
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| 4 | 4 | | May 9, 2013, read first time and referred to Committee on Criminal |
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| 5 | 5 | | Justice; May 17, 2013, reported favorably by the following vote: |
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| 6 | 6 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to requiring computer technicians to report images of |
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| 12 | 12 | | child pornography; providing a criminal penalty. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 15 | 15 | | amended by adding Chapter 109 to read as follows: |
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| 16 | 16 | | CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD |
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| 17 | 17 | | PORNOGRAPHY |
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| 18 | 18 | | Sec. 109.001. 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) "Commercial mobile service provider" has the |
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| 22 | 22 | | meaning assigned by Section 64.201, Utilities Code. |
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| 23 | 23 | | (3) "Computer technician" means an individual who in |
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| 24 | 24 | | the course and scope of employment or business installs, repairs, |
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| 25 | 25 | | or otherwise services a computer for a fee. |
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| 26 | 26 | | (4) "Information service provider" includes an |
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| 27 | 27 | | Internet service provider and hosting service provider. |
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| 28 | 28 | | (5) "Sexual conduct" and "sexual performance" have the |
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| 29 | 29 | | meanings assigned by Section 43.25, Penal Code. |
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| 30 | 30 | | (6) "Telecommunications provider" has the meaning |
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| 31 | 31 | | assigned by Section 51.002, Utilities Code. |
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| 32 | 32 | | Sec. 109.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. |
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| 33 | 33 | | (a) A computer technician who, in the course and scope of |
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| 34 | 34 | | employment or business, views an image on a computer that is or |
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| 35 | 35 | | appears to be child pornography shall immediately report the |
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| 36 | 36 | | discovery of the image to a local or state law enforcement agency or |
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| 37 | 37 | | the Cyber Tipline at the National Center for Missing and Exploited |
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| 38 | 38 | | Children. The report must include the name and address of the owner |
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| 39 | 39 | | or person claiming a right to possession of the computer, if known, |
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| 40 | 40 | | and as permitted by federal law. |
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| 41 | 41 | | (b) Except in a case of wilful or wanton misconduct, a |
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| 42 | 42 | | computer technician may not be held liable in a civil action for |
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| 43 | 43 | | reporting or failing to report the discovery of an image under |
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| 44 | 44 | | Subsection (a). |
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| 45 | 45 | | (c) A telecommunications provider, commercial mobile |
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| 46 | 46 | | service provider, or information service provider may not be held |
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| 47 | 47 | | liable under this chapter for the failure to report child |
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| 48 | 48 | | pornography that is transmitted or stored by a user of the service. |
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| 49 | 49 | | Sec. 109.003. CRIMINAL PENALTY. (a) A person who |
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| 50 | 50 | | intentionally fails to report an image in violation of this chapter |
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| 51 | 51 | | commits an offense. An offense under this subsection is a Class B |
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| 52 | 52 | | misdemeanor. |
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| 53 | 53 | | (b) It is a defense to prosecution under this section that |
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| 54 | 54 | | the actor did not report the discovery of an image of child |
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| 55 | 55 | | pornography because the child in the image appeared to be at least |
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| 56 | 56 | | 18 years of age. |
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| 57 | 57 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 58 | 58 | | * * * * * |
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