| 1 | 1 | | 89R4101 JSC-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 797 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the unlawful installation or use of a tracking device. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 16.06, Penal Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 16.06. UNLAWFUL INSTALLATION OR USE OF TRACKING |
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| 14 | 14 | | DEVICE. |
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| 15 | 15 | | SECTION 2. Section 16.06, Penal Code, is amended by |
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| 16 | 16 | | amending Subsections (a), (b), (d), and (e) and adding Subsection |
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| 17 | 17 | | (d-1) to read as follows: |
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| 18 | 18 | | (a) In this section: |
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| 19 | 19 | | (1) "Effective consent" includes consent by a person |
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| 20 | 20 | | legally authorized to act on behalf of the person from whom consent |
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| 21 | 21 | | is required. Consent is not effective if: |
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| 22 | 22 | | (A) induced by deception, coercion, fraud, |
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| 23 | 23 | | force, or threat; |
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| 24 | 24 | | (B) given by a person the actor knows is not |
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| 25 | 25 | | legally authorized to act regarding the matter; or |
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| 26 | 26 | | (C) given by a person who by reason of youth, |
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| 27 | 27 | | mental illness, intellectual disability, or intoxication is known |
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| 28 | 28 | | by the actor to be unable to make reasonable decisions. |
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| 29 | 29 | | (2) "Electronic or mechanical tracking device" means a |
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| 30 | 30 | | device capable of emitting an electronic frequency or other signal |
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| 31 | 31 | | that may be used by a person to identify, monitor, or record the |
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| 32 | 32 | | location of another person or object. |
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| 33 | 33 | | (3) "Minor" means a person younger than 18 years of |
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| 34 | 34 | | age. |
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| 35 | 35 | | (4) [(2)] "Motor vehicle" has the meaning assigned by |
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| 36 | 36 | | Section 501.002, Transportation Code. |
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| 37 | 37 | | (b) A person commits an offense if the person knowingly: |
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| 38 | 38 | | (1) installs an electronic or mechanical tracking |
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| 39 | 39 | | device on a motor vehicle owned or leased by another person; or |
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| 40 | 40 | | (2) uses an electronic or mechanical tracking device |
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| 41 | 41 | | to determine the location or movement of another person. |
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| 42 | 42 | | (d) It is an affirmative defense to prosecution under this |
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| 43 | 43 | | section that the person: |
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| 44 | 44 | | (1) obtained the effective consent of: |
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| 45 | 45 | | (A) the owner or lessee of the motor vehicle |
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| 46 | 46 | | before the electronic or mechanical tracking device was installed |
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| 47 | 47 | | as described by Subsection (b)(1); or |
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| 48 | 48 | | (B) the person whose location or movement is |
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| 49 | 49 | | being tracked as described by Subsection (b)(2); |
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| 50 | 50 | | (2) is a parent, guardian, conservator, or legal |
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| 51 | 51 | | custodian of a minor and uses an electronic or mechanical tracking |
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| 52 | 52 | | device as described by Subsection (b)(2) to track the location or |
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| 53 | 53 | | movement of the minor; |
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| 54 | 54 | | (3) assisted another whom the person reasonably |
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| 55 | 55 | | believed to be a peace officer authorized to install or use the |
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| 56 | 56 | | device in the course of a criminal investigation or pursuant to an |
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| 57 | 57 | | order of a court to gather information for a law enforcement agency; |
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| 58 | 58 | | or |
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| 59 | 59 | | (4) [(3)] was a private investigator licensed under |
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| 60 | 60 | | Chapter 1702, Occupations Code, who: |
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| 61 | 61 | | (A) installed the device as described by |
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| 62 | 62 | | Subsection (b)(1)[: |
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| 63 | 63 | | [(A)] with written consent: |
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| 64 | 64 | | (i) to install the device given by the owner |
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| 65 | 65 | | or lessee of the motor vehicle; and |
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| 66 | 66 | | (ii) to enter private residential property, |
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| 67 | 67 | | if that entry was necessary to install the device, given by the |
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| 68 | 68 | | owner or lessee of the property; or |
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| 69 | 69 | | (B) installed or used a device pursuant to an |
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| 70 | 70 | | order of or other authorization from a court to gather information. |
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| 71 | 71 | | (d-1) The affirmative defense described by Subsection |
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| 72 | 72 | | (d)(1) is unavailable if the actor uses the electronic or |
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| 73 | 73 | | mechanical tracking device for a purpose other than the purpose for |
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| 74 | 74 | | which the consent was given. |
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| 75 | 75 | | (e) This section does not apply to a peace officer who |
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| 76 | 76 | | installed or used the device in the course of a criminal |
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| 77 | 77 | | investigation or pursuant to an order of a court to gather |
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| 78 | 78 | | information for a law enforcement agency. |
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| 79 | 79 | | SECTION 3. The change in law made by this Act applies only |
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| 80 | 80 | | to an offense committed on or after the effective date of this Act. |
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| 81 | 81 | | An offense committed before the effective date of this Act is |
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| 82 | 82 | | governed by the law in effect on the date the offense was committed, |
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| 83 | 83 | | and the former law is continued in effect for that purpose. For |
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| 84 | 84 | | purposes of this section, an offense was committed before the |
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| 85 | 85 | | effective date of this Act if any element of the offense occurred |
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| 86 | 86 | | before that date. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2025. |
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