State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-24a-responding-to-subpoenas-and-certain-other-court-orders-preserving-certain-information

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 24A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT

ORDERS; PRESERVING CERTAIN INFORMATION

SUBCHAPTER A. RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT

ORDERS

Art. 24A.001. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a subpoena, search warrant, or other court order

that:

(1) relates to the investigation or prosecution of a criminal

offense under Section 33.021, Penal Code; and

(2) is served on or issued with respect to an Internet service

provider that provides service in this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 2, eff. September 1, 2007.

Art. 24A.002. RESPONSE REQUIRED; DEADLINE FOR RESPONSE. (a)

Except as provided by Subsection (b), not later than the 10th day

after the date on which an Internet service provider is served

with or otherwise receives a subpoena, search warrant, or other

court order described by Article 24A.001, the Internet service

provider shall:

(1) fully comply with the subpoena, warrant, or order; or

(2) petition a court to excuse the Internet service provider

from complying with the subpoena, warrant, or order.

(b) As soon as is practicable, and in no event later than the

second business day after the date the Internet service provider

is served with or otherwise receives a subpoena, search warrant,

or other court order described by Article 24A.001, the Internet

service provider shall fully comply with the subpoena, search

warrant, or order if the subpoena, search warrant, or order

indicates that full compliance is necessary to address a

situation that threatens a person with death or other serious

bodily injury.

(c) For the purposes of Subsection (a)(1), full compliance with

the subpoena, warrant, or order includes:

(1) producing or providing, to the extent permitted under

federal law, all documents or information requested under the

subpoena, warrant, or order; or

(2) providing, to the extent permitted under federal law,

electronic access to all documents or information requested under

the subpoena, warrant, or order.

Added by Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 2, eff. September 1, 2007.

Art. 24A.003. DISOBEYING SUBPOENA, WARRANT, OR ORDER. An

Internet service provider that disobeys a subpoena, search

warrant, or other court order described by Article 24A.001 and

that was not excused from complying with the subpoena, warrant,

or order under Article 24A.002(a)(2) may be punished in any

manner provided by law.

Added by Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 2, eff. September 1, 2007.

SUBCHAPTER B. PRESERVING CERTAIN INFORMATION

Art. 24A.051. PRESERVING INFORMATION. (a) On written request

of a law enforcement agency in this state or a federal law

enforcement agency and pending the issuance of a subpoena or

other court order described by Article 24A.001, an Internet

service provider that provides service in this state shall take

all steps necessary to preserve all records or other potential

evidence in a criminal trial that is in the possession of the

Internet service provider.

(b) Subject to Subsection (c), an Internet service provider

shall preserve information under Subsection (a) for a period of

90 days after the date the Internet service provider receives the

written request described by Subsection (a).

(c) An Internet service provider shall preserve information

under Subsection (a) for the 90-day period immediately following

the 90-day period described by Subsection (b) if the requesting

law enforcement agency in writing requests an extension of the

preservation period.

Added by Acts 2007, 80th Leg., R.S., Ch.

1291, Sec. 2, eff. September 1, 2007.