85R2139 JRR-D     By: Taylor of Collin S.B. No. 841       A BILL TO BE ENTITLED   AN ACT   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.