By: Watson S.B. No. 222
(Dukes)
A BILL TO BE ENTITLED
AN ACT
relating to the venue for prosecution of certain computer crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Article 13.25, Code of Criminal
Procedure, is amended to read as follows:
(b) An offense under Chapter 33, Penal Code, may be
prosecuted in:
(1) the county of the principal place of business of
the owner or lessee of a computer, computer network, or computer
system involved in the offense;
(2) any county in which a defendant had control or
possession of:
(A) any proceeds of the offense; or
(B) any books, records, documents, property,
negotiable instruments, computer programs, or other material used
in furtherance of the offense; [or]
(3) any county from which, to which, or through which
access to a computer, computer network, computer program, or
computer system was made in violation of Chapter 33, whether by
wires, electromagnetic waves, microwaves, or any other means of
communication; or
(4) any county in which an individual who is a victim
of the offense resides.
SECTION 2. This Act applies only to a criminal case in which
the indictment, information, or complaint is presented to the court
on or after the effective date of this Act. A criminal case in which
the indictment, information, or complaint was presented to the
court before the effective date of this Act is governed by the law
in effect when the indictment, information, or complaint was
presented, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2013.