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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of subpoenas or certain other court orders |
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with respect to an online service provider in the investigation or |
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prosecution of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 24A.001, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a subpoena, search warrant, or other court order |
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that: |
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(1) relates to the investigation or prosecution of a |
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criminal offense under: |
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(A) Section 21.02, 21.11, 22.011, or 22.021, |
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Penal Code; |
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(B) Chapter 20A, Penal Code; |
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(C) Section 33.021, Penal Code; or |
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(D) Chapter 43, Penal Code; and |
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(2) is served on or issued with respect to an online |
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[Internet] service provider that provides service in this state. |
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SECTION 2. Subchapter A, Chapter 24A, Code of Criminal |
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Procedure, is amended by adding Article 24A.0015 to read as |
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follows: |
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Art. 24A.0015. DEFINITION. In this chapter, "online |
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service provider" means an Internet service provider, search |
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engine, web hosting company, web browsing company, manufacturer of |
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devices providing online application platforms, or company |
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providing online social media platforms. |
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SECTION 3. Articles 24A.002(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (b), not later than the |
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10th day after the date on which an online [Internet] service |
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provider is served with or otherwise receives a subpoena, search |
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warrant, or other court order described by Article 24A.001, the |
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online [Internet] service provider shall: |
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(1) fully comply with the subpoena, warrant, or order; |
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or |
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(2) petition a court to excuse the online [Internet] |
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service provider from complying with the subpoena, warrant, or |
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order. |
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(b) As soon as is practicable, and in no event later than the |
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second business day after the date the online [Internet] service |
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provider is served with or otherwise receives a subpoena, search |
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warrant, or other court order described by Article 24A.001, the |
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online [Internet] service provider shall fully comply with the |
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subpoena, search warrant, or order if the subpoena, search warrant, |
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or order indicates that full compliance is necessary to address a |
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situation that threatens a person with death or other serious |
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bodily injury. |
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SECTION 4. Article 24A.003, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An |
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online [Internet] service provider that disobeys a subpoena, search |
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warrant, or other court order described by Article 24A.001 and that |
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was not excused from complying with the subpoena, warrant, or order |
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under Article 24A.002(a)(2) may be punished in any manner provided |
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by law. |
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SECTION 5. Article 24A.051, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 24A.051. PRESERVING INFORMATION. (a) On written |
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request of a law enforcement agency in this state or a federal law |
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enforcement agency and pending the issuance of a subpoena or other |
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court order described by Article 24A.001, an online [Internet] |
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service provider that provides service in this state shall take all |
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steps necessary to preserve all records or other potential evidence |
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in a criminal trial that is in the possession of the online |
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[Internet] service provider. |
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(b) Subject to Subsection (c), an online [Internet] service |
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provider shall preserve information under Subsection (a) for a |
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period of 90 days after the date the online [Internet] service |
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provider receives the written request described by Subsection (a). |
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(c) An online [Internet] service provider shall preserve |
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information under Subsection (a) for the 90-day period immediately |
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following the 90-day period described by Subsection (b) if the |
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requesting law enforcement agency in writing requests an extension |
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of the preservation period. |
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SECTION 6. The change in law made by this Act to Chapter |
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24A, Code of Criminal Procedure, applies only to a subpoena, search |
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warrant, or other court order issued on or after the effective date |
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of this Act. A subpoena, search warrant, or other court order |
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issued before the effective date of this Act is governed by the law |
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in effect on the date the warrant was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |
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