Texas House Bill HB4604

Texas 2009 - 81st Regular

Caption

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

Impact

If enacted, this bill would introduce a significant change in how wiretaps and monitoring of communications are conducted under Texas law. By allowing for the interception of communications based on the identification of a person believed to be committing an offense, rather than requiring specific details of the communication facilities, authorities may have greater flexibility in their investigative strategies. This change may enhance law enforcement's ability to gather evidence during criminal investigations, particularly in cases involving mobile communications where the location of the subjects may be fluid and unpredictable.

Summary

House Bill 4604 aims to amend Article 18.20 of the Code of Criminal Procedure, specifically addressing the interception of wire, oral, or electronic communications. The bill proposes the introduction of a new Section 9A, which allows for the interception of such communications without the specific identification of the facility from which the communication is intercepted, in certain circumstances. This provision is designed to accommodate situations where specifying the communication facilities is impractical and provides a legal pathway for authorities to monitor communications deemed necessary for law enforcement purposes.

Contention

However, the implications of HB 4604 raise notable concerns regarding privacy rights and civil liberties. Opponents of the bill may argue that allowing interception without specific facility identification could lead to overreach by law enforcement agencies and potential violations of individuals' privacy rights. Critics could also express concerns about the potential for abuse of this broader authority, emphasizing the need for stringent safeguards and oversight mechanisms. The balance between effective law enforcement and the protection of privacy rights will likely be a point of contention during discussions surrounding this legislation.