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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of unlawful installation |
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of tracking device or malicious software. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 16.06, Penal Code, is |
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amended to read as follows: |
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Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE OR |
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MALICIOUS SOFTWARE. |
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SECTION 2. Section 16.06(a), Penal Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Malicious software" means any intentionally |
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imperceptible program, application, or other software, including |
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malware, that is designed to obtain or transmit electronic |
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communications, including e-mails, text messages, instant |
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messages, or keystrokes, or other private information from a |
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computer system. |
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SECTION 3. Section 16.06, Penal Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (d-1) |
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to read as follows: |
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(b) A person commits an offense if the person knowingly |
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installs: |
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(1) an electronic or mechanical tracking device on a |
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motor vehicle owned or leased by another person; or |
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(2) malicious software on a computer system that is |
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part of a motor vehicle described by Subdivision (1). |
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(d) It is an affirmative defense to prosecution under this |
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section that the person: |
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(1) obtained the effective consent of the owner or |
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lessee of the motor vehicle before the electronic or mechanical |
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tracking device or malicious software was installed; |
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(2) assisted another whom the person reasonably |
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believed to be a peace officer authorized to install the device or |
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software in the course of a criminal investigation or pursuant to an |
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order of a court to gather information for a law enforcement agency; |
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or |
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(3) was a private investigator licensed under Chapter |
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1702, Occupations Code, who installed the device or software: |
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(A) with written consent: |
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(i) to install the device or software given |
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by the owner or lessee of the motor vehicle; and |
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(ii) to enter private residential property, |
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if that entry was necessary to install the device or software, given |
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by the owner or lessee of the property; or |
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(B) pursuant to an order of or other |
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authorization from a court to gather information. |
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(d-1) It is a defense to prosecution under this section |
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that: |
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(1) the victim is younger than 18 years of age; and |
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(2) the actor is the victim's parent or legal guardian. |
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(e) This section does not apply to a peace officer who |
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installed the device or software in the course of a criminal |
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investigation or pursuant to an order of a court to gather |
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information for a law enforcement agency. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |