BILL ANALYSIS Senate Research Center S.B. 222 83R3648 MAW-D By: Watson Criminal Justice 3/7/2013 As Filed
BILL ANALYSIS
Senate Research Center S.B. 222
83R3648 MAW-D By: Watson
Criminal Justice
3/7/2013
As Filed
Senate Research Center
S.B. 222
83R3648 MAW-D
By: Watson
Criminal Justice
3/7/2013
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, there is no provision for venue for prosecution of a computer crime in the jurisdiction where a victim resides if it is different from the offender. This bill closes that venue loophole to better protect victims of online impersonation by authorizing prosecution in the jurisdiction where the victim resides if it is different from the offender. Specifically, this bill amends Section 13.25 (Computer Crimes), Code of Criminal Procedure, by adding language to include "any county in which an individual who is a victim of the offense resides" to the venue options for the prosecution of computer crimes. As proposed, S.B. 222 amends current law relating to the venue for prosecution of certain computer crimes. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 13.25(b), Code of Criminal Procedure, to add to the locations where an offense under Chapter 33 (Computer Crimes), Penal Code, is authorized to be prosecuted, any county in which an individual who is a victim of the offense resides. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2013.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, there is no provision for venue for prosecution of a computer crime in the jurisdiction where a victim resides if it is different from the offender.
This bill closes that venue loophole to better protect victims of online impersonation by authorizing prosecution in the jurisdiction where the victim resides if it is different from the offender.
Specifically, this bill amends Section 13.25 (Computer Crimes), Code of Criminal Procedure, by adding language to include "any county in which an individual who is a victim of the offense resides" to the venue options for the prosecution of computer crimes.
As proposed, S.B. 222 amends current law relating to the venue for prosecution of certain computer crimes.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 13.25(b), Code of Criminal Procedure, to add to the locations where an offense under Chapter 33 (Computer Crimes), Penal Code, is authorized to be prosecuted, any county in which an individual who is a victim of the offense resides.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2013.