Texas 2009 - 81st Regular

Texas Senate Bill SB385

Filed
12/19/08  
Out of Senate Committee
4/20/09  
Voted on by Senate
4/30/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the interception of wire, oral, or electronic communications.

Impact

The bill is designed to streamline the interception process for law enforcement agencies, thereby allowing for a more adaptable response to threats or ongoing criminal activities. Advocates argue that it empowers police to act swiftly when traditional methods of interception are impractical due to the nature of the crime or suspect. By eliminating certain specifications, the intention is to bridge gaps that would otherwise limit the capacity of law enforcement to monitor and apprehend individuals effectively.

Summary

SB385 proposes amendments to Article 18.20 of the Code of Criminal Procedure concerning the interception of wire, oral, or electronic communications. The bill permits law enforcement to conduct interceptions without specifying the facilities involved, provided that there is a valid justification for the lack of specification. The legislation emphasizes the necessity to identify individuals involved in criminal activities and enables judges to authorize interceptions based on probable cause without the restrictions typically required by existing law. This shift aims to enhance the effectiveness of law enforcement in preventing or addressing crimes through electronic surveillance.

Contention

Despite its proposed benefits, SB385 raises concerns about privacy rights and potential abuse of surveillance powers. Opponents caution that the lack of stringent requirements on interception could lead to overreach and violation of citizens' privacy. Critics underscore that operationalizing the bill without adequate checks might put innocent individuals at risk of unjust surveillance. They argue for stronger guidelines to prevent misuse and ensure that the provisions of the bill do not infringe on constitutional rights regarding the interception of communications.

Companion Bills

TX HB4604

Identical Relating to the interception of wire, oral, or electronic communications.

Previously Filed As

TX HB1609

Relating to the electronic delivery of certain communications required or permitted under the Property Tax Code.

TX SB1487

Relating to the electronic delivery of certain communications required or permitted under the Property Tax Code.

TX HB1317

Relating to the electronic delivery of certain communications required or permitted under the Property Tax Code.

TX HB3197

Relating to definition change for certain customer data, communications, and other information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.

TX SB2039

Relating to health care practitioner authority regarding certain do-not-resuscitate orders, including the use of electronic copies and photographs of out-of-hospital do-not-resuscitate orders.

TX HB3155

Relating to the use of a wireless communication device while operating a motor vehicle.

TX SB41

Relating to the use of a wireless communication device while operating a motor vehicle.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB1040

Relating to the authority of entities regulated by the Texas Department of Insurance to conduct business electronically.

Similar Bills

AL HB17

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

AL SB26

Drug trafficking, wiretapping by ALEA, interception of wire, oral, or electronic communications, Attorney General authorized to apply for court order for intercept and to apply for intercept orders, disclosure of recorded communications, penalties for violations, Secs. 20-2A-1 to 20-2A-15, inclusive, added

AZ HB2492

Technical correction; emergency interception

AZ HB2710

Emergency interception; technical correction

AZ HB2298

Technical correction; emergency interception

AZ SB1366

Health professionals; pregnant women; information

AZ HB2307

Technical correction; emergency interception

MS HB899

Interception of communications; authorize sheriffs to use devices for with approval of DA and circuit court judge.