Texas 2017 - 85th Regular

Texas House Bill HB2622 Compare Versions

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1	1	85R11034 MEW-F
2	2	By: Thompson of Harris H.B. No. 2622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of subpoenas or certain other court orders
8	8	with respect to an online service provider in the investigation or
9	9	prosecution of certain criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 24A.001, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter
14	14	applies only to a subpoena, search warrant, or other court order
15	15	that:
16	16	(1) relates to the investigation or prosecution of a
17	17	criminal offense under:
18	18	(A) Section 21.02, 21.11, 22.011, or 22.021,
19	19	Penal Code;
20	20	(B) Chapter 20A, Penal Code;
21	21	(C) Section 33.021, Penal Code; or
22	22	(D) Chapter 43, Penal Code; and
23	23	(2) is served on or issued with respect to an online
24	24	[Internet] service provider that provides service in this state.
25	25	SECTION 2. Subchapter A, Chapter 24A, Code of Criminal
26	26	Procedure, is amended by adding Article 24A.0015 to read as
27	27	follows:
28	28	Art. 24A.0015. DEFINITION. In this chapter, "online
29	29	service provider" means an Internet service provider, search
30	30	engine, web hosting company, web browsing company, manufacturer of
31	31	devices providing online application platforms, or company
32	32	providing online social media platforms.
33	33	SECTION 3. Articles 24A.002(a) and (b), Code of Criminal
34	34	Procedure, are amended to read as follows:
35	35	(a) Except as provided by Subsection (b), not later than the
36	36	10th day after the date on which an online [Internet] service
37	37	provider is served with or otherwise receives a subpoena, search
38	38	warrant, or other court order described by Article 24A.001, the
39	39	online [Internet] service provider shall:
40	40	(1) fully comply with the subpoena, warrant, or order;
41	41	or
42	42	(2) petition a court to excuse the online [Internet]
43	43	service provider from complying with the subpoena, warrant, or
44	44	order.
45	45	(b) As soon as is practicable, and in no event later than the
46	46	second business day after the date the online [Internet] service
47	47	provider is served with or otherwise receives a subpoena, search
48	48	warrant, or other court order described by Article 24A.001, the
49	49	online [Internet] service provider shall fully comply with the
50	50	subpoena, search warrant, or order if the subpoena, search warrant,
51	51	or order indicates that full compliance is necessary to address a
52	52	situation that threatens a person with death or other serious
53	53	bodily injury.
54	54	SECTION 4. Article 24A.003, Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An
57	57	online [Internet] service provider that disobeys a subpoena, search
58	58	warrant, or other court order described by Article 24A.001 and that
59	59	was not excused from complying with the subpoena, warrant, or order
60	60	under Article 24A.002(a)(2) may be punished in any manner provided
61	61	by law.
62	62	SECTION 5. Article 24A.051, Code of Criminal Procedure, is
63	63	amended to read as follows:
64	64	Art. 24A.051. PRESERVING INFORMATION. (a) On written
65	65	request of a law enforcement agency in this state or a federal law
66	66	enforcement agency and pending the issuance of a subpoena or other
67	67	court order described by Article 24A.001, an online [Internet]
68	68	service provider that provides service in this state shall take all
69	69	steps necessary to preserve all records or other potential evidence
70	70	in a criminal trial that is in the possession of the online
71	71	[Internet] service provider.
72	72	(b) Subject to Subsection (c), an online [Internet] service
73	73	provider shall preserve information under Subsection (a) for a
74	74	period of 90 days after the date the online [Internet] service
75	75	provider receives the written request described by Subsection (a).
76	76	(c) An online [Internet] service provider shall preserve
77	77	information under Subsection (a) for the 90-day period immediately
78	78	following the 90-day period described by Subsection (b) if the
79	79	requesting law enforcement agency in writing requests an extension
80	80	of the preservation period.
81	81	SECTION 6. The change in law made by this Act to Chapter
82	82	24A, Code of Criminal Procedure, applies only to a subpoena, search
83	83	warrant, or other court order issued on or after the effective date
84	84	of this Act. A subpoena, search warrant, or other court order
85	85	issued before the effective date of this Act is governed by the law
86	86	in effect on the date the warrant was issued, and the former law is
87	87	continued in effect for that purpose.
88	88	SECTION 7. This Act takes effect September 1, 2017.