Texas 2015 - 84th Regular

Texas Senate Bill SB1864

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

Caption

Relating to requiring a peace officer to obtain a warrant to search a cellular telephone or other wireless communications device.

Impact

If enacted, SB1864 would substantially impact how law enforcement conducts investigations. The necessity of obtaining a warrant could slow down the immediate access that officers previously had to digital information during arrests. This could lead to a more structured assurance of citizens' rights, requiring law enforcement to articulate the need for access through probable cause. However, it may also impose practical challenges for officers in rapidly evolving situations where immediate evidence collection is crucial.

Summary

SB1864 aims to amend the Code of Criminal Procedure by requiring law enforcement officers to obtain a warrant before searching a person's cellular telephone or other wireless communications devices. This bill addresses the growing concerns regarding privacy rights in the digital age, especially as technology continues to evolve. By mandating a legal process before accessing personal digital information, the bill seeks to reinforce existing privacy protections under the law, indicating a shift towards a more cautious approach to law enforcement's search powers in the context of digital communications.

Sentiment

The sentiment surrounding SB1864 appears to be mixed. Advocates for civil liberties are likely to view the bill positively, as it enhances protections against possible overreaches by law enforcement. This perspective underscores a growing societal emphasis on individual rights in the age of digital surveillance. Conversely, law enforcement agencies and some policy makers may express concern, arguing that the requirement for warrants could hinder their ability to effectively investigate crimes and secure evidence promptly.

Contention

Key points of contention regarding SB1864 include the balance of individual privacy rights against law enforcement needs. Supporters argue that such privacy protections are essential in preventing abuse of power and ensuring that citizens' rights are upheld in the face of expanding technology use. On the other hand, critics may argue that the warrant requirement could impede timely responses to criminal activities, potentially putting public safety at risk. This ongoing debate highlights important legal and ethical considerations regarding the implications of technology on personal privacy.

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 HB2849

Relating to information about available free or low-cost cellular telephones and free or low-cost cellular telephone service plans provided to residents of certain nursing and assisted living facilities.

TX HB3758

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

TX HB504

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX SB140

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX HB938

Relating to the use of force by peace officers and certain other persons to make an arrest or search or prevent an escape from custody.

Similar Bills

VA SB1339

Virginia Telephone Privacy Protection Act; telephone solicitations by text message, effective date.

CA AB1231

Telecommunications: combining lifeline, federal lifeline, and federal Affordable Connectivity Program subsidies.

NC H936

Robocall Solicitation Modifications

CA SB716

Lifeline program: broadband internet access service.

CA AB1588

Telecommunications: duties of local exchange carriers.

CA AB2808

Primary ticket sellers.

CA SB1272

Crimes: intercepting telephone communications.

CA AB2885

False campaign speech and online platform disclosures.