Bill Text: TX HB2544 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of unlawful installation of tracking device or malicious software.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Criminal Jurisprudence [HB2544 Detail]
Download: Texas-2017-HB2544-Introduced.html
| 85R2139 JRR-D | ||
| By: Sanford | H.B. No. 2544 | |
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| relating to the prosecution of the offense of unlawful installation | ||
| of tracking device or malicious software. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 16.06, Penal Code, is | ||
| amended to read as follows: | ||
| Sec. 16.06. UNLAWFUL INSTALLATION OF TRACKING DEVICE OR | ||
| MALICIOUS SOFTWARE. | ||
| SECTION 2. Section 16.06(a), Penal Code, is amended by | ||
| adding Subdivision (1-a) to read as follows: | ||
| (1-a) "Malicious software" means any intentionally | ||
| imperceptible program, application, or other software, including | ||
| malware, that is designed to obtain or transmit electronic | ||
| communications, including e-mails, text messages, instant | ||
| messages, or keystrokes, or other private information from a | ||
| computer system. | ||
| SECTION 3. Section 16.06, Penal Code, is amended by | ||
| amending Subsections (b), (d), and (e) and adding Subsection (d-1) | ||
| to read as follows: | ||
| (b) A person commits an offense if the person knowingly | ||
| installs: | ||
| (1) an electronic or mechanical tracking device on a | ||
| motor vehicle owned or leased by another person; or | ||
| (2) malicious software on a computer system that is | ||
| part of a motor vehicle described by Subdivision (1). | ||
| (d) It is an affirmative defense to prosecution under this | ||
| section that the person: | ||
| (1) obtained the effective consent of the owner or | ||
| lessee of the motor vehicle before the electronic or mechanical | ||
| tracking device or malicious software was installed; | ||
| (2) assisted another whom the person reasonably | ||
| believed to be a peace officer authorized to install the device or | ||
| software in the course of a criminal investigation or pursuant to an | ||
| order of a court to gather information for a law enforcement agency; | ||
| or | ||
| (3) was a private investigator licensed under Chapter | ||
| 1702, Occupations Code, who installed the device or software: | ||
| (A) with written consent: | ||
| (i) to install the device or software given | ||
| by the owner or lessee of the motor vehicle; and | ||
| (ii) to enter private residential property, | ||
| if that entry was necessary to install the device or software, given | ||
| by the owner or lessee of the property; or | ||
| (B) pursuant to an order of or other | ||
| authorization from a court to gather information. | ||
| (d-1) It is a defense to prosecution under this section | ||
| that: | ||
| (1) the victim is younger than 18 years of age; and | ||
| (2) the actor is the victim's parent or legal guardian. | ||
| (e) This section does not apply to a peace officer who | ||
| installed the device or software in the course of a criminal | ||
| investigation or pursuant to an order of a court to gather | ||
| information for a law enforcement agency. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
