85R2139 JRR-D
By: Sanford H.B. No. 2544
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of unlawful installation
of tracking device or malicious software.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 16.06, Penal Code, is
amended to read as follows:
Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE OR
MALICIOUS SOFTWARE.
SECTION 2. Section 16.06(a), Penal Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Malicious software" means any intentionally
imperceptible program, application, or other software, including
malware, that is designed to obtain or transmit electronic
communications, including e-mails, text messages, instant
messages, or keystrokes, or other private information from a
computer system.
SECTION 3. Section 16.06, Penal Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsection (d-1)
to read as follows:
(b) A person commits an offense if the person knowingly
installs:
(1) an electronic or mechanical tracking device on a
motor vehicle owned or leased by another person; or
(2) malicious software on a computer system that is
part of a motor vehicle described by Subdivision (1).
(d) It is an affirmative defense to prosecution under this
section that the person:
(1) obtained the effective consent of the owner or
lessee of the motor vehicle before the electronic or mechanical
tracking device or malicious software was installed;
(2) assisted another whom the person reasonably
believed to be a peace officer authorized to install the device or
software in the course of a criminal investigation or pursuant to an
order of a court to gather information for a law enforcement agency;
or
(3) was a private investigator licensed under Chapter
1702, Occupations Code, who installed the device or software:
(A) with written consent:
(i) to install the device or software given
by the owner or lessee of the motor vehicle; and
(ii) to enter private residential property,
if that entry was necessary to install the device or software, given
by the owner or lessee of the property; or
(B) pursuant to an order of or other
authorization from a court to gather information.
(d-1) It is a defense to prosecution under this section
that:
(1) the victim is younger than 18 years of age; and
(2) the actor is the victim's parent or legal guardian.
(e) This section does not apply to a peace officer who
installed the device or software in the course of a criminal
investigation or pursuant to an order of a court to gather
information for a law enforcement agency.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2017.