85R11034 MEW-F
By: Thompson of Harris H.B. No. 2622
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of subpoenas or certain other court orders
with respect to an online service provider in the investigation or
prosecution of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 24A.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a subpoena, search warrant, or other court order
that:
(1) relates to the investigation or prosecution of a
criminal offense under:
(A) Section 21.02, 21.11, 22.011, or 22.021,
Penal Code;
(B) Chapter 20A, Penal Code;
(C) Section 33.021, Penal Code; or
(D) Chapter 43, Penal Code; and
(2) is served on or issued with respect to an online
[Internet] service provider that provides service in this state.
SECTION 2. Subchapter A, Chapter 24A, Code of Criminal
Procedure, is amended by adding Article 24A.0015 to read as
follows:
Art. 24A.0015. DEFINITION. In this chapter, "online
service provider" means an Internet service provider, search
engine, web hosting company, web browsing company, manufacturer of
devices providing online application platforms, or company
providing online social media platforms.
SECTION 3. Articles 24A.002(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as provided by Subsection (b), not later than the
10th day after the date on which an online [Internet] service
provider is served with or otherwise receives a subpoena, search
warrant, or other court order described by Article 24A.001, the
online [Internet] service provider shall:
(1) fully comply with the subpoena, warrant, or order;
or
(2) petition a court to excuse the online [Internet]
service provider from complying with the subpoena, warrant, or
order.
(b) As soon as is practicable, and in no event later than the
second business day after the date the online [Internet] service
provider is served with or otherwise receives a subpoena, search
warrant, or other court order described by Article 24A.001, the
online [Internet] service provider shall fully comply with the
subpoena, search warrant, or order if the subpoena, search warrant,
or order indicates that full compliance is necessary to address a
situation that threatens a person with death or other serious
bodily injury.
SECTION 4. Article 24A.003, Code of Criminal Procedure, is
amended to read as follows:
Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An
online [Internet] service provider that disobeys a subpoena, search
warrant, or other court order described by Article 24A.001 and that
was not excused from complying with the subpoena, warrant, or order
under Article 24A.002(a)(2) may be punished in any manner provided
by law.
SECTION 5. Article 24A.051, Code of Criminal Procedure, is
amended to read as follows:
Art. 24A.051. PRESERVING INFORMATION. (a) On written
request of a law enforcement agency in this state or a federal law
enforcement agency and pending the issuance of a subpoena or other
court order described by Article 24A.001, an online [Internet]
service provider that provides service in this state shall take all
steps necessary to preserve all records or other potential evidence
in a criminal trial that is in the possession of the online
[Internet] service provider.
(b) Subject to Subsection (c), an online [Internet] service
provider shall preserve information under Subsection (a) for a
period of 90 days after the date the online [Internet] service
provider receives the written request described by Subsection (a).
(c) An online [Internet] service provider shall preserve
information under Subsection (a) for the 90-day period immediately
following the 90-day period described by Subsection (b) if the
requesting law enforcement agency in writing requests an extension
of the preservation period.
SECTION 6. The change in law made by this Act to Chapter
24A, Code of Criminal Procedure, applies only to a subpoena, search
warrant, or other court order issued on or after the effective date
of this Act. A subpoena, search warrant, or other court order
issued before the effective date of this Act is governed by the law
in effect on the date the warrant was issued, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.