By: Williams S.B. No. 2047
(In the Senate - Filed March 12, 2009; March 31, 2009, read
first time and referred to Committee on Criminal Justice;
April 20, 2009, reported favorably by the following vote: Yeas 7,
Nays 0; April 20, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the interception or the collection of information from
certain communications in an investigation of criminal conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Section 1, Article 18.20, Code
of Criminal Procedure, is amended to read as follows:
(1) "Wire communication" means an aural transfer made
in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or other
like connection between the point of origin and the point of
reception, including the use of such a connection in a switching
station, furnished or operated by a person authorized to engage in
providing or operating the facilities for the transmission of
communications as a communications common carrier. [The term
includes the electronic storage of a wire communication.]
SECTION 2. Subdivision (5), Section 1, Article 18.21, Code
of Criminal Procedure, is amended to read as follows:
(5) "Mobile tracking device" means an electronic or
mechanical device that permits tracking the movement of a person,
vehicle, container, item, or object. [The term does not include a
device designed, made, adapted, or capable of:
[(A) intercepting the content of a
communication; or
[(B) functioning as a pen register, ESN reader,
trap and trace device, or similar equipment.]
SECTION 3. Subsections (a), (b), and (c), Section 4,
Article 18.21, Code of Criminal Procedure, are amended to read as
follows:
(a) An authorized peace officer may require a provider of
electronic communications service to disclose the contents of a
wire communication or an electronic communication that has been in
electronic storage for not longer than 180 days by obtaining a
warrant.
(b) An authorized peace officer may require a provider of
electronic communications service to disclose the contents of a
wire communication or an electronic communication that has been in
electronic storage for longer than 180 days:
(1) if notice is not being given to the subscriber or
customer, by obtaining a warrant;
(2) if notice is being given to the subscriber or
customer, by obtaining:
(A) an administrative subpoena authorized by
statute;
(B) a grand jury subpoena; or
(C) a court order issued under Section 5 of this
article; or
(3) as otherwise permitted by applicable federal law.
(c)(1) An authorized peace officer may require a provider of
a remote computing service to disclose the contents of a wire
communication or an electronic communication as described in
Subdivision (2) of this subsection:
(A) if notice is not being given to the
subscriber or customer, by obtaining a warrant issued under this
code;
(B) if notice is being given to the subscriber or
customer, by:
(i) an administrative subpoena authorized
by statute;
(ii) a grand jury subpoena; or
(iii) a court order issued under Section 5
of this article; or
(C) as otherwise permitted by applicable federal
law.
(2) Subdivision (1) of this subsection applies only to
a wire communication or an electronic communication that is in
electronic storage:
(A) on behalf of a subscriber or customer of the
service and is received by means of electronic transmission from or
created by means of computer processing of communications received
by means of electronic transmission from the subscriber or
customer; and
(B) solely for the purpose of providing storage
or computer processing services to the subscriber or customer if
the provider of the service is not authorized to obtain access to
the contents of those communications for purposes of providing any
service other than storage or computer processing.
SECTION 4. Subsections (a) and (b), Section 7, Article
18.21, Code of Criminal Procedure, are amended to read as follows:
(a) An authorized peace officer seeking a court order to
obtain information under Section 4 [4(c)] of this article may
include a request for an order delaying the notification required
under Section 4 [4(c)] of this article for a period not to exceed 90
days. The court shall grant the request if the court determines
that there is reason to believe that notification of the existence
of the court order may have an adverse result, as described in
Subsection (c) of this section.
(b) An authorized peace officer who has obtained a subpoena
authorized by statute or a grand jury subpoena to seek information
under Section 4 [4(c)] of this article may delay the notification
required under that section for a period not to exceed 90 days on
the execution of a written certification of a supervisory official
that there is reason to believe that notification of the existence
of the subpoena may have an adverse result as described in
Subsection (c) of this section. The peace officer shall maintain a
true copy of the certification.
SECTION 5. Subsection (a), Section 14, Article 18.21, Code
of Criminal Procedure, is amended to read as follows:
(a) A district judge may issue an order for the installation
and use [within the judge's judicial district] of a mobile tracking
device in the same judicial district as any of the following:
(1) the site of:
(A) the investigation; or
(B) the person, vehicle, container, item, or
object the movement of which will be tracked by the mobile tracking
device; or
(2) the headquarters of the law enforcement agency
that applies for or executes an order authorizing a device to be
installed.
SECTION 6. (a) The changes in law made by this Act in
amending Sections 4 and 7, Article 18.21, Code of Criminal
Procedure, apply only to a warrant, subpoena, or court order
regarding disclosure of a wire communication or electronic
communication obtained or issued on or after the effective date of
this Act. A warrant, subpoena, or court order obtained or issued
before the effective date of this Act is governed by the law in
effect on the date the warrant, subpoena, or court order was
obtained or issued, and the former law is continued in effect for
that purpose.
(b) The changes in law made by this Act in amending Section
14, Article 18.21, Code of Criminal Procedure, apply only to a court
order issued on or after the effective date of this Act. A court
order issued before the effective date of this Act is governed by
the law in effect on the date the court order was issued, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.
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