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AN ACT
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relating to the venue for prosecution of certain computer crimes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Article 13.25, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) An offense under Chapter 33, Penal Code, may be |
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prosecuted in: |
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(1) the county of the principal place of business of |
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the owner or lessee of a computer, computer network, or computer |
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system involved in the offense; |
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(2) any county in which a defendant had control or |
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possession of: |
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(A) any proceeds of the offense; or |
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(B) any books, records, documents, property, |
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negotiable instruments, computer programs, or other material used |
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in furtherance of the offense; [or] |
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(3) any county from which, to which, or through which |
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access to a computer, computer network, computer program, or |
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computer system was made in violation of Chapter 33, whether by |
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wires, electromagnetic waves, microwaves, or any other means of |
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communication; or |
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(4) any county in which an individual who is a victim |
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of the offense resides. |
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SECTION 2. This Act applies only to a criminal case in which |
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the indictment, information, or complaint is presented to the court |
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on or after the effective date of this Act. A criminal case in which |
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the indictment, information, or complaint was presented to the |
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court before the effective date of this Act is governed by the law |
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in effect when the indictment, information, or complaint was |
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presented, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 222 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 222 passed the House on |
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May 16, 2013, by the following vote: Yeas 140, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |