TX
Texas House Bill HB1654

Texas 2021 - 87th Regular

Texas House Bill HB1654

Caption

Relating to certain evidence obtained in a criminal investigation, including the issuance and execution of certain search warrants, the required disclosure of certain information in emergency situations, and the admissibility of certain evidence obtained with or without warrants.

Impact

The new provisions introduced by HB 1654 enhance the regulatory framework governing search warrants, establishing clearer guidelines on when and how warrants can be requested and executed. This includes requirements aimed at protecting citizens' rights surrounding privacy and due process while ensuring that law enforcement has the necessary tools to act in exigent circumstances. By outlining the protocols for obtaining evidence from electronic communication service providers, the bill is also designed to adapt to modern investigative techniques that involve digital data.

Summary

House Bill 1654 focuses on procedures related to evidence obtained during criminal investigations, particularly concerning the issuance and execution of search warrants. The bill amends various articles within the Code of Criminal Procedure to clarify the requirements for establishing probable cause for such warrants and specifies how location information can be disclosed in urgent situations. Notably, it asserts that no search warrant may be issued without a sworn affidavit that presents substantial facts to justify probable cause, promoting transparency within law enforcement operations.

Contention

While the bill aims to improve the handling of search warrants and the admissibility of evidence, it may also spark debates concerning the balance between law enforcement authority and individual privacy rights. Critics might argue that the provisions allowing warrantless exigent situation disclosures could lead to potential abuses of power. Nonetheless, supporters will likely contend that the bill is vital for empowering law enforcement to respond swiftly in emergency cases where lives may be at stake, thus justifying the need for additional authority.

Companion Bills

No companion bills found.

Previously Filed As

TX HB779

Relating to the issuance of certain search warrants by statutory county court judges.

TX SB2563

Relating to the admissibility of certain evidence against a defendant in a criminal case.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1178

Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.

TX HB1975

Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.

TX HB1711

Relating to the admissibility of evidence in an asset forfeiture proceeding and the seizure and forfeiture of certain property.

TX SB435

Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.

TX HB3729

Relating to the disclosure under the public information law of certain evidence of a crime that resulted in the death of a person.

TX HB1131

Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.

TX SB1269

Relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.

Similar Bills

TX HB3453

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX SB2093

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX SB1717

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX HB3914

Relating to warrants and orders issued for the use of tracking equipment and access to electronic communications to further a criminal investigation.

TX HB3363

Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.

TX SB112

Relating to the procedures for the installation and use of tracking equipment and for access to certain communications and location information by law enforcement and the admissibility of certain evidence obtained through those procedures.

TX SB1770

Relating to an exception to required disclosure under the public information law for certain electronic information held by a prosecutor, law enforcement agency, or corrections agency.

TX SB1867

Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.