Texas 2013 - 83rd Regular

Texas Senate Bill SB1088

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to warrants issued to obtain location information from wireless communications devices.

Impact

The enactment of SB1088 would modify state laws regarding legal procedures for law enforcement agencies when pursuing location data. By clearly defining 'location information' and outlining procedural requirements for warrant issuance, the bill aims to enhance legal clarity and promote lawful practices concerning surveillance technology. This could have a significant influence on ongoing criminal investigations while ensuring compliance with established legal standards.

Summary

SB1088 addresses the legal parameters surrounding the issuance of search warrants for obtaining location information from wireless communications devices, such as cellular phones. The bill expands the existing provisions in the Code of Criminal Procedure to include specific language related to 'location information' and establishes clear criteria under which law enforcement can apply for warrants to track devices. This legislative effort seeks to respond to the growing intersection of technology and privacy concerns, particularly as mobile tracking capabilities become more sophisticated.

Sentiment

The sentiment around SB1088 has been mixed, reflecting broader societal debates on privacy and law enforcement's use of technology. Supporters often argue that this bill provides essential tools for law enforcement to effectively combat crime, particularly in cases involving serious offenses. Conversely, privacy advocates and some members of the public express concerns that the bill could effectively broaden surveillance capabilities without sufficient oversight, potentially infringing on individual rights.

Contention

Notable points of contention in discussions around SB1088 pertain to the potential for misuse of expanded tracking powers and the adequacy of oversight mechanisms included in the bill. Critics worry that while the bill aims to uphold privacy protections, it still leaves room for broad interpretation that could lead to overreach by law enforcement. The balance between providing officers with necessary investigative tools while safeguarding civil liberties remains a central theme of concern in the debate over this legislation.

Companion Bills

No companion bills found.

Previously Filed As

TX SB744

Relating to clarifying that a statutory county court judge is authorized to issue a search warrant for access to a cellular telephone or other wireless communications device.

TX HB1407

Relating to clarifying that a statutory county court judge is authorized to issue a search warrant for access to a cellular telephone or other wireless communications device.

TX HB779

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

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 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 HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB2820

Relating to the procedures for access to certain location information by certain law enforcement agencies.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

Similar Bills

No similar bills found.