| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to providing resources designed to combat crimes against |
|
|
children, especially crimes regarding child exploitation and child |
|
|
pornography trafficking involving the Internet. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
|
|
Procedure, is amended by adding Article 102.023 to read as follows: |
|
|
Art. 102.023. COSTS RELATED TO CERTAIN INTERNET CRIMES |
|
|
AGAINST CHILDREN. (a) In addition to other costs on conviction |
|
|
imposed by this chapter, a person shall pay a cost of $10 on |
|
|
conviction of an offense for which the defendant on conviction is |
|
|
required to register as a sex offender under Chapter 62. |
|
|
(b) The clerk of the court shall transmit the costs |
|
|
collected under this section to the comptroller for deposit in the |
|
|
state treasury to the credit of a special fund known as the Internet |
|
|
Crimes Against Children Fund. The fund consists of all costs |
|
|
collected under this section, money appropriated directly to the |
|
|
fund, and any other grants or gifts made to the fund. Money in the |
|
|
fund many be appropriated only to support the administration of the |
|
|
activities of the three existing Internet Crimes Against Children |
|
|
(ICAC) task forces operating under the Attorney General and other |
|
|
various law enforcement entities. The money from the fund shall be |
|
|
disbursed so that approximately one-third of the fund goes to each |
|
|
of the existing ICAC's. |
|
|
SECTION 2. Chapter 402, Government Code, is amended by |
|
|
adding Section 402.02811 to read as follows: |
|
|
Sec. 402.02811. ADMINISTRATIVE SUBPOENA FOR INVESTIGATION |
|
|
OF CERTAIN OFFENSES INVOLVING EXPLOITATION OF MINOR. (a) The |
|
|
Attorney General shall assist felony prosecutors in this state in |
|
|
obtaining administrative subpoenas for the purposes of |
|
|
investigating and prosecuting crimes involving the exploitation of |
|
|
a minor. |
|
|
(b) In any investigation relating to offenses involving the |
|
|
sexual exploitation of a minor and on reasonable cause to believe |
|
|
that an Internet service account has been used in the exploitation |
|
|
or attempted exploitation of a minor, the attorney general or |
|
|
district attorney may issue in writing and cause to be served a |
|
|
subpoena requiring the production and testimony described by |
|
|
Subsection (c). |
|
|
(c) Except as provided by Subsection (d), a subpoena issued |
|
|
under this section is authorized to require the production of any |
|
|
records or other documentation relevant to the investigation |
|
|
including: |
|
|
(1) name; |
|
|
(2) address; |
|
|
(3) local and long distance telephone connection |
|
|
records, or records of session times and durations; |
|
|
(4) length of service, including start date, and types |
|
|
of service utilized; |
|
|
(5) telephone or instrument number or other subscriber |
|
|
number of identity, including any temporarily assigned network |
|
|
address; and |
|
|
(6) means and source of payment for such service, |
|
|
including any credit card or bank account number. |
|
|
(d) The provider of electronic communication service or |
|
|
remote computing service may not disclose the following pursuant to |
|
|
a subpoena but shall do so pursuant to a warrant issued by a court of |
|
|
competent jurisdiction: |
|
|
(1) in-transit electronic communications; |
|
|
(2) account memberships related to internet groups, |
|
|
newsgroups, mailing lists or specific areas of interest; |
|
|
(3) account passwords; and |
|
|
(4) account content to include: |
|
|
(A) electronic mail in any form; |
|
|
(B) address books, contact lists, or buddy lists; |
|
|
(C) financial records; |
|
|
(D) Internet proxy content or Internet history; |
|
|
and |
|
|
(E) files or other digital documents stored |
|
|
within the account or pursuant to use of the account. |
|
|
(e) At any time before the return date specified on the |
|
|
subpoena, the person summoned may, in the appropriate court of the |
|
|
county in which the person resides or does business, petition for an |
|
|
order modifying or quashing the subpoena, or a prohibition of |
|
|
disclosure by a court. |
|
|
(f) A subpoena under this section must describe the objects |
|
|
required to be produced and must prescribe a return date within a |
|
|
reasonable period within which the objects can be assembled and |
|
|
made available. |
|
|
(g) If no case or proceeding arises from the production of |
|
|
records or other documentation pursuant to this section within a |
|
|
reasonable time after those records or documentation are produced, |
|
|
the prosecuting attorney shall either destroy the records and |
|
|
documentation or return them to the person who produced them. |
|
|
(h) A subpoena issued under this section may be served by |
|
|
any person who is authorized to serve process under the Texas Rules |
|
|
of Civil Procedure and the subpoena shall be served in accordance |
|
|
with those rules. |
|
|
(i) Any information, records, or data reported or obtained |
|
|
under a subpoena issued pursuant to this section is confidential |
|
|
and may not be further disclosed unless in connection with a |
|
|
criminal case related to the subpoenaed materials. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |