| 1 | 1 | | By: Watson S.B. No. 222 |
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| 2 | 2 | | (Dukes) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the venue for prosecution of certain computer crimes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (b), Article 13.25, Code of Criminal |
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| 10 | 10 | | Procedure, is amended to read as follows: |
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| 11 | 11 | | (b) An offense under Chapter 33, Penal Code, may be |
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| 12 | 12 | | prosecuted in: |
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| 13 | 13 | | (1) the county of the principal place of business of |
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| 14 | 14 | | the owner or lessee of a computer, computer network, or computer |
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| 15 | 15 | | system involved in the offense; |
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| 16 | 16 | | (2) any county in which a defendant had control or |
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| 17 | 17 | | possession of: |
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| 18 | 18 | | (A) any proceeds of the offense; or |
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| 19 | 19 | | (B) any books, records, documents, property, |
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| 20 | 20 | | negotiable instruments, computer programs, or other material used |
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| 21 | 21 | | in furtherance of the offense; [or] |
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| 22 | 22 | | (3) any county from which, to which, or through which |
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| 23 | 23 | | access to a computer, computer network, computer program, or |
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| 24 | 24 | | computer system was made in violation of Chapter 33, whether by |
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| 25 | 25 | | wires, electromagnetic waves, microwaves, or any other means of |
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| 26 | 26 | | communication; or |
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| 27 | 27 | | (4) any county in which an individual who is a victim |
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| 28 | 28 | | of the offense resides. |
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| 29 | 29 | | SECTION 2. This Act applies only to a criminal case in which |
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| 30 | 30 | | the indictment, information, or complaint is presented to the court |
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| 31 | 31 | | on or after the effective date of this Act. A criminal case in which |
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| 32 | 32 | | the indictment, information, or complaint was presented to the |
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| 33 | 33 | | court before the effective date of this Act is governed by the law |
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| 34 | 34 | | in effect when the indictment, information, or complaint was |
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| 35 | 35 | | presented, and the former law is continued in effect for that |
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| 36 | 36 | | purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2013. |
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