Relating to warrants issued to obtain cell site information through the use of a cell site simulator device; public access to certain information relating to investigatory equipment; creating criminal offenses.
Impact
The legislation would introduce stricter standards for law enforcement's access to cell site information, potentially impacting investigations that rely on this technology. By requiring a warrant, the bill emphasizes the importance of judicial oversight in the use of surveillance technology, aligning with growing concerns about privacy rights in the digital age. Moreover, the bill specifies that law enforcement must notify the owner of the device within a prescribed time period after using such surveillance devices, further protecting individuals' rights to know when they have been surveilled.
Summary
House Bill 3165 focuses on the regulations surrounding the use of cell site simulator devices by law enforcement agencies. It seeks to amend the Texas Code of Criminal Procedure to establish a more structured process for obtaining warrants to use such devices, which are utilized to track the location and identity of cellular phone users. The bill outlines the criteria under which a district judge can issue a warrant, including requiring an authorized peace officer to provide probable cause related to criminal activity. The changes aim to enhance the oversight of these powerful investigative tools and protect citizens' rights.
Contention
A notable point of contention surrounding HB 3165 may arise from the balance it seeks to strike between law enforcement's needs to effectively conduct investigations and the public's right to privacy. Critics might argue that the additional requirements for obtaining warrants could hinder law enforcement efforts in urgent situations or allow potentially dangerous individuals to evade detection. However, supporters contend that the bill is a necessary safeguard against the misuse of advanced surveillance technologies that can intrude on citizens' privacy.
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.
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.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
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.
Relating to certain offenses regarding the possession or use of a cellular telephone by an inmate or defendant in a correctional or detention facility and to the detection and monitoring of that possession or use.
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.