85R12101 ADM-D
By: West S.B. No. 1619
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of electronic access
interference.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Penal Code, is amended by adding
Section 33.022 to read as follows:
Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person
commits an offense if:
(1) the person intentionally interrupts or suspends
access to a computer network or computer system without the
effective consent of the owner; and
(2) the computer network or computer system is owned
by the government or a critical infrastructure facility.
(b) An offense under this section is a felony of the third
degree.
(c) It is a defense to prosecution under this section that
the person acted with the intent to facilitate a lawful seizure or
search of, or lawful access to, a computer network or computer
system for a legitimate law enforcement purpose.
SECTION 2. Section 33.03, Penal Code, is amended to read as
follows:
Sec. 33.03. DEFENSES. It is an affirmative defense to
prosecution under Section 33.02 or 33.022 that the actor was an
officer, employee, or agent of a communications common carrier or
electric utility and committed the proscribed act or acts in the
course of employment while engaged in an activity that is a
necessary incident to the rendition of service or to the protection
of the rights or property of the communications common carrier or
electric utility.
SECTION 3. This Act takes effect September 1, 2017.