Texas 2009 - 81st Regular

Texas House Bill HB4604 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R30 HLT-D
2	2	By: Vaught H.B. No. 4604
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the interception of wire, oral, or electronic
8	8	communications.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 18.20, Code of Criminal Procedure, is
11	11	amended by adding Section 9A to read as follows:
12	12	Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
13	13	PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2)
14	14	relating to the specification of the facilities from which or the
15	15	place where a communication is to be intercepted do not apply if:
16	16	(1) in the case of an application for an order
17	17	authorizing the interception of an oral communication:
18	18	(A) the application contains a full and complete
19	19	statement as to why the specification is not practical and
20	20	identifies the person committing or believed to be committing the
21	21	offense and whose communications are to be intercepted; and
22	22	(B) a judge of competent jurisdiction finds that
23	23	the specification is not practical; and
24	24	(2) in the case of an application for an order
25	25	authorizing the interception of a wire or electronic communication:
26	26	(A) the application identifies the person
27	27	committing or believed to be committing the offense and whose
28	28	communications are to be intercepted;
29	29	(B) a judge of competent jurisdiction finds that
30	30	the applicant has made an adequate showing of probable cause to
31	31	believe that the actions of the person identified in the
32	32	application could have the effect of thwarting interception from a
33	33	specified facility; and
34	34	(C) the authority to intercept a wire or
35	35	electronic communication under the order is limited to a period in
36	36	which it is reasonable to presume that the person identified in the
37	37	application will be reasonably proximate to the interception
38	38	device.
39	39	(b) A person implementing an order authorizing the
40	40	interception of an oral communication that, in accordance with this
41	41	section, does not specify the facility from which or the place where
42	42	a communication is to be intercepted may begin interception only
43	43	after the person ascertains the place where the communication is to
44	44	be intercepted.
45	45	(c) A provider of wire or electronic communications that
46	46	receives an order authorizing the interception of a wire or
47	47	electronic communication that, in accordance with this section,
48	48	does not specify the facility from which or the place where a
49	49	communication is to be intercepted may move the court to modify or
50	50	quash the order on the ground that the provider's assistance with
51	51	respect to the interception cannot be performed in a timely or
52	52	reasonable fashion. On notice to the state, the court shall decide
53	53	the motion expeditiously.
54	54	SECTION 2. Section 9A, Article 18.20, Code of Criminal
55	55	Procedure, as added by this Act, applies only to an application for
56	56	an order authorizing the interception of a wire, oral, or
57	57	electronic communication that is submitted on or after the
58	58	effective date of this Act. An application that was submitted
59	59	before the effective date of this Act is covered by the law in
60	60	effect on the date the application was submitted, and the former law
61	61	is continued in effect for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2009.