Texas 2017 - 85th Regular

Texas Senate Bill SB1203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 1203
2		-	(Thompson of Harris)
	1	+	S.B. No. 1203
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the issuance of subpoenas or certain other court orders
8	6		with respect to an online service provider in the investigation or
9	7		prosecution of certain criminal offenses.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Article 24A.001, Code of Criminal Procedure, is
12	10		amended to read as follows:
13	11		Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter
14	12		applies only to a subpoena, search warrant, or other court order
15	13		that:
16	14		(1) relates to the investigation or prosecution of a
17	15		criminal offense under:
18	16		(A) Section 21.02, 21.11, 22.011, or 22.021,
19	17		Penal Code;
20	18		(B) Chapter 20A, Penal Code;
21	19		(C) Section 33.021, Penal Code; or
22	20		(D) Chapter 43, Penal Code; and
23	21		(2) is served on or issued with respect to an online
24	22		[Internet] service provider that provides service in this state.
25	23		SECTION 2. Subchapter A, Chapter 24A, Code of Criminal
26	24		Procedure, is amended by adding Article 24A.0015 to read as
27	25		follows:
28	26		Art. 24A.0015. DEFINITION. In this chapter, "online
29	27		service provider" means an Internet service provider, search
30	28		engine, web hosting company, web browsing company, manufacturer of
31	29		devices providing online application platforms, or company
32	30		providing online social media platforms.
33	31		SECTION 3. Articles 24A.002(a) and (b), Code of Criminal
34	32		Procedure, are amended to read as follows:
35	33		(a) Except as provided by Subsection (b), not later than the
36	34		10th day after the date on which an online [Internet] service
37	35		provider is served with or otherwise receives a subpoena, search
38	36		warrant, or other court order described by Article 24A.001, the
39	37		online [Internet] service provider shall:
40	38		(1) fully comply with the subpoena, warrant, or order;
41	39		or
42	40		(2) petition a court to excuse the online [Internet]
43	41		service provider from complying with the subpoena, warrant, or
44	42		order.
45	43		(b) As soon as is practicable, and in no event later than the
46	44		second business day after the date the online [Internet] service
47	45		provider is served with or otherwise receives a subpoena, search
48	46		warrant, or other court order described by Article 24A.001, the
49	47		online [Internet] service provider shall fully comply with the
50	48		subpoena, search warrant, or order if the subpoena, search warrant,
51	49		or order indicates that full compliance is necessary to address a
52	50		situation that threatens a person with death or other serious
53	51		bodily injury.
54	52		SECTION 4. Article 24A.003, Code of Criminal Procedure, is
55	53		amended to read as follows:
56	54		Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An
57	55		online [Internet] service provider that disobeys a subpoena, search
58	56		warrant, or other court order described by Article 24A.001 and that
59	57		was not excused from complying with the subpoena, warrant, or order
60	58		under Article 24A.002(a)(2) may be punished in any manner provided
61	59		by law.
62	60		SECTION 5. Article 24A.051, Code of Criminal Procedure, is
63	61		amended to read as follows:
64	62		Art. 24A.051. PRESERVING INFORMATION. (a) On written
65	63		request of a law enforcement agency in this state or a federal law
66	64		enforcement agency and pending the issuance of a subpoena or other
67	65		court order described by Article 24A.001, an online [Internet]
68	66		service provider that provides service in this state shall take all
69	67		steps necessary to preserve all records or other potential evidence
70	68		in a criminal trial that is in the possession of the online
71	69		[Internet] service provider.
72	70		(b) Subject to Subsection (c), an online [Internet] service
73	71		provider shall preserve information under Subsection (a) for a
74	72		period of 90 days after the date the online [Internet] service
75	73		provider receives the written request described by Subsection (a).
76	74		(c) An online [Internet] service provider shall preserve
77	75		information under Subsection (a) for the 90-day period immediately
78	76		following the 90-day period described by Subsection (b) if the
79	77		requesting law enforcement agency in writing requests an extension
80	78		of the preservation period.
81	79		SECTION 6. The change in law made by this Act to Chapter
82	80		24A, Code of Criminal Procedure, applies only to a subpoena, search
83	81		warrant, or other court order issued on or after the effective date
84	82		of this Act. A subpoena, search warrant, or other court order
85	83		issued before the effective date of this Act is governed by the law
86	84		in effect on the date the warrant was issued, and the former law is
87	85		continued in effect for that purpose.
88	86		SECTION 7. This Act takes effect September 1, 2017.
	87	+	______________________________ ______________________________
	88	+	President of the Senate Speaker of the House
	89	+	I hereby certify that S.B. No. 1203 passed the Senate on
	90	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	91	+	______________________________
	92	+	Secretary of the Senate
	93	+	I hereby certify that S.B. No. 1203 passed the House on
	94	+	May 9, 2017, by the following vote: Yeas 145, Nays 0, two present
	95	+	not voting.
	96	+	______________________________
	97	+	Chief Clerk of the House
	98	+	Approved:
	99	+	______________________________
	100	+	Date
	101	+	______________________________
	102	+	Governor