81R7878 KEL-D
By: Carona S.B. No. 1079
A BILL TO BE ENTITLED
AN ACT
relating to requiring the disclosure of certain records and other
information in a criminal investigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(d), Article 18.21, Code of Criminal
Procedure, is amended to read as follows:
(d) An authorized peace officer may require a provider of
electronic communications service or remote computing service to
disclose records or other information pertaining to a subscriber or
customer of the service, other than the contents of a communication
as [communications] described in Subsection (a), (b), or (c) [of
this section], without giving the subscriber or customer notice:
(1) by obtaining an administrative subpoena
authorized by statute;
(2) by obtaining a grand jury subpoena;
(3) by obtaining a warrant;
(4) by obtaining the consent of the subscriber or
customer to the disclosure of the records or information;
(5) by obtaining a court order under Section 5 [of this
article]; or
(6) as otherwise permitted by applicable federal law.
SECTION 2. Section 15, Article 18.21, Code of Criminal
Procedure, is amended by amending Subsection (a) and adding
Subsections (d) and (e) to read as follows:
(a) The director of the department, the director's
designee, or the sheriff or chief of a designated law enforcement
agency, or the sheriff's or chief's designee, may issue an
administrative subpoena to a communication [communications] common
carrier or to a provider of [an] electronic communications service
or remote computing service to compel the production of the
carrier's or provider's [service's] business records that:
(1) disclose information about:
(A) the carrier's or provider's subscribers or
[service's] customers; or
(B) users of the services offered by the carrier
or provider [service]; and
(2) are material to a criminal investigation.
(d) The department may refer to the attorney general for
enforcement in state district court any failure to comply with a
subpoena issued by the department under this section. In an action
to enforce the subpoena, the attorney general may recover
administrative costs incurred by the department in relation to the
department's issuance of the subpoena and to the department's
referral of the failure to comply and shall deposit the money to the
credit of the state highway fund. The attorney general may recover
fees and costs, including attorney's fees, related to the attorney
general's enforcement of the subpoena under this section.
(e) In this section, "business records" includes:
(1) the name and address of the subscriber or
customer;
(2) if applicable, the local and long-distance
connection records of a telephonic communications service provider
and the provider's records of the connection times and durations;
(3) the length of the service provided, including the
date the service began and any date the service ended, and the type
of service provided;
(4) the telephone or instrument number of the
subscriber or customer and any other identifying information issued
for the subscriber or customer, including any temporarily assigned
network address; and
(5) the means and source of payment for the service,
including any credit card or bank account number.
SECTION 3. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0203 to read as follows:
Sec. 411.0203. ADMINISTRATIVE SUBPOENA. (a) In this
section, "immediate life-threatening situation" has the meaning
assigned by Section 1, Article 18.20, Code of Criminal Procedure.
(b) If a division chief of the department determines that an
immediate life-threatening situation exists during the
investigation of an offense under Section 19.02, 19.03, 20.03,
20.04, or 22.07 or Chapter 20A, Penal Code, or an attempt,
conspiracy, or solicitation to commit one of those offenses, the
director may issue and cause to be served an administrative
subpoena requiring the production of records relevant to that
investigation.
(c) A subpoena under this section must describe the records
required to be produced and must prescribe a reasonable period
within which the records are to be compiled and made available to
the department. The subpoena may require the records to be produced
as soon as practicable, but may not require the records to be
produced earlier than 24 hours after the subpoena is served.
(d) The department may refer to the attorney general for
enforcement in state district court any failure to comply with a
subpoena issued by the department under this section. In an action
to enforce the subpoena, the attorney general may recover
administrative costs incurred by the department in relation to the
department's issuance of the subpoena and to the department's
referral of the failure to comply and shall deposit the money to the
credit of the state highway fund. The attorney general may recover
fees and costs, including attorney's fees, related to the attorney
general's enforcement of the subpoena under this section.
(e) An administrative subpoena issued under this section is
confidential. The recipient may not:
(1) disclose that a subpoena has been issued;
(2) identify or describe any records requested in the
subpoena; or
(3) disclose whether any records have been provided in
response to the subpoena.
SECTION 4. This Act takes effect September 1, 2009.