Texas 2023 - 88th Regular

Texas House Bill HB2820

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

Caption

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

Impact

If enacted, HB2820 will significantly influence the balance between law enforcement's operational capabilities and individual privacy rights. By allowing officers to access location information without a warrant in urgent circumstances, the bill seeks to address concerns regarding public safety and the ability to act swiftly in emergencies. However, it raises questions on privacy implications, as the provisions could lead to instances where individuals' location data is accessed without their consent or due process in non-emergency contexts.

Summary

House Bill 2820 addresses the procedures related to access of certain location information by law enforcement agencies in Texas. It primarily amends sections of the Code of Criminal Procedure to streamline the process through which authorized peace officers can obtain location data without a warrant in emergency situations. The bill specifies the conditions under which location information can be disclosed, aiming to enhance the capability of law enforcement to respond effectively to life-threatening scenarios that require immediate access to such data.

Sentiment

The sentiment surrounding HB2820 appears to be mixed. Proponents of the bill, including some law enforcement agencies and safety advocates, argue that the ability to quickly access location information can be critical in emergency situations, potentially saving lives. Conversely, civil liberties advocates have expressed concerns regarding the potential for abuse of this power and the erosion of privacy rights, stressing the need for oversight and clear guidelines on the use of such authority.

Contention

Notable points of contention regarding HB2820 include the specific criteria that authorize peace officers to act without a warrant. Critics are wary of the subjective nature of determining what constitutes a 'life-threatening situation' and the lack of defined limits on such authority. Additionally, the potential for misuse or overreach in the application of these provisions remains a significant concern, particularly regarding the protection of citizens' privacy and civil rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 18. Search Warrants
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

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 HB1608

Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.

TX HB2263

Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.

TX SB786

Relating to warrants issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.

TX SB942

Relating to warrants or orders issued to obtain certain information through installation or use of global positioning system wireless device trackers, international mobile subscriber identity locators, or other devices or equipment, and to public access to law enforcement or prosecutor requests for certain related location or communication information; creating an offense.

TX SB1659

Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.

TX HB352

Relating to warrants issued to obtain cell site information through the use of a cell site simulator device and to public access to certain information relating to investigatory equipment; creating a criminal offense.

TX SB2196

Relating to the employment of peace officers by certain law enforcement agencies.

TX HB30

Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

TX HB2383

Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

Similar Bills

No similar bills found.