Texas 2009 - 81st Regular

Texas Senate Bill SB1079 Compare Versions

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

Old	New	Differences
1	1	81R7878 KEL-D
2	2	By: Carona S.B. No. 1079
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the disclosure of certain records and other
8	8	information in a criminal investigation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 4(d), Article 18.21, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(d) An authorized peace officer may require a provider of
13	13	electronic communications service or remote computing service to
14	14	disclose records or other information pertaining to a subscriber or
15	15	customer of the service, other than the contents of a communication
16	16	as [communications] described in Subsection (a), (b), or (c) [of
17	17	this section], without giving the subscriber or customer notice:
18	18	(1) by obtaining an administrative subpoena
19	19	authorized by statute;
20	20	(2) by obtaining a grand jury subpoena;
21	21	(3) by obtaining a warrant;
22	22	(4) by obtaining the consent of the subscriber or
23	23	customer to the disclosure of the records or information;
24	24	(5) by obtaining a court order under Section 5 [of this
25	25	article]; or
26	26	(6) as otherwise permitted by applicable federal law.
27	27	SECTION 2. Section 15, Article 18.21, Code of Criminal
28	28	Procedure, is amended by amending Subsection (a) and adding
29	29	Subsections (d) and (e) to read as follows:
30	30	(a) The director of the department, the director's
31	31	designee, or the sheriff or chief of a designated law enforcement
32	32	agency, or the sheriff's or chief's designee, may issue an
33	33	administrative subpoena to a communication [communications] common
34	34	carrier or to a provider of [an] electronic communications service
35	35	or remote computing service to compel the production of the
36	36	carrier's or provider's [service's] business records that:
37	37	(1) disclose information about:
38	38	(A) the carrier's or provider's subscribers or
39	39	[service's] customers; or
40	40	(B) users of the services offered by the carrier
41	41	or provider [service]; and
42	42	(2) are material to a criminal investigation.
43	43	(d) The department may refer to the attorney general for
44	44	enforcement in state district court any failure to comply with a
45	45	subpoena issued by the department under this section. In an action
46	46	to enforce the subpoena, the attorney general may recover
47	47	administrative costs incurred by the department in relation to the
48	48	department's issuance of the subpoena and to the department's
49	49	referral of the failure to comply and shall deposit the money to the
50	50	credit of the state highway fund. The attorney general may recover
51	51	fees and costs, including attorney's fees, related to the attorney
52	52	general's enforcement of the subpoena under this section.
53	53	(e) In this section, "business records" includes:
54	54	(1) the name and address of the subscriber or
55	55	customer;
56	56	(2) if applicable, the local and long-distance
57	57	connection records of a telephonic communications service provider
58	58	and the provider's records of the connection times and durations;
59	59	(3) the length of the service provided, including the
60	60	date the service began and any date the service ended, and the type
61	61	of service provided;
62	62	(4) the telephone or instrument number of the
63	63	subscriber or customer and any other identifying information issued
64	64	for the subscriber or customer, including any temporarily assigned
65	65	network address; and
66	66	(5) the means and source of payment for the service,
67	67	including any credit card or bank account number.
68	68	SECTION 3. Subchapter A, Chapter 411, Government Code, is
69	69	amended by adding Section 411.0203 to read as follows:
70	70	Sec. 411.0203. ADMINISTRATIVE SUBPOENA. (a) In this
71	71	section, "immediate life-threatening situation" has the meaning
72	72	assigned by Section 1, Article 18.20, Code of Criminal Procedure.
73	73	(b) If a division chief of the department determines that an
74	74	immediate life-threatening situation exists during the
75	75	investigation of an offense under Section 19.02, 19.03, 20.03,
76	76	20.04, or 22.07 or Chapter 20A, Penal Code, or an attempt,
77	77	conspiracy, or solicitation to commit one of those offenses, the
78	78	director may issue and cause to be served an administrative
79	79	subpoena requiring the production of records relevant to that
80	80	investigation.
81	81	(c) A subpoena under this section must describe the records
82	82	required to be produced and must prescribe a reasonable period
83	83	within which the records are to be compiled and made available to
84	84	the department. The subpoena may require the records to be produced
85	85	as soon as practicable, but may not require the records to be
86	86	produced earlier than 24 hours after the subpoena is served.
87	87	(d) The department may refer to the attorney general for
88	88	enforcement in state district court any failure to comply with a
89	89	subpoena issued by the department under this section. In an action
90	90	to enforce the subpoena, the attorney general may recover
91	91	administrative costs incurred by the department in relation to the
92	92	department's issuance of the subpoena and to the department's
93	93	referral of the failure to comply and shall deposit the money to the
94	94	credit of the state highway fund. The attorney general may recover
95	95	fees and costs, including attorney's fees, related to the attorney
96	96	general's enforcement of the subpoena under this section.
97	97	(e) An administrative subpoena issued under this section is
98	98	confidential. The recipient may not:
99	99	(1) disclose that a subpoena has been issued;
100	100	(2) identify or describe any records requested in the
101	101	subpoena; or
102	102	(3) disclose whether any records have been provided in
103	103	response to the subpoena.
104	104	SECTION 4. This Act takes effect September 1, 2009.