Texas 2009 - 81st Regular

Texas Senate Bill SB2047 Compare Versions

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1	1	S.B. No. 2047
2	2
3	3
4	4	AN ACT
5	5	relating to the interception or the collection of information from
6	6	certain communications in an investigation of criminal conduct.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subdivision (1), Section 1, Article 18.20, Code
9	9	of Criminal Procedure, is amended to read as follows:
10	10	(1) "Wire communication" means an aural transfer made
11	11	in whole or in part through the use of facilities for the
12	12	transmission of communications by the aid of wire, cable, or other
13	13	like connection between the point of origin and the point of
14	14	reception, including the use of such a connection in a switching
15	15	station, furnished or operated by a person authorized to engage in
16	16	providing or operating the facilities for the transmission of
17	17	communications as a communications common carrier. [The term
18	18	includes the electronic storage of a wire communication.]
19	19	SECTION 2. Subdivision (5), Section 1, Article 18.21, Code
20	20	of Criminal Procedure, is amended to read as follows:
21	21	(5) "Mobile tracking device" means an electronic or
22	22	mechanical device that permits tracking the movement of a person,
23	23	vehicle, container, item, or object. [The term does not include a
24	24	device designed, made, adapted, or capable of:
25	25	[(A) intercepting the content of a
26	26	communication; or
27	27	[(B) functioning as a pen register, ESN reader,
28	28	trap and trace device, or similar equipment.]
29	29	SECTION 3. Subsections (a), (b), and (c), Section 4,
30	30	Article 18.21, Code of Criminal Procedure, are amended to read as
31	31	follows:
32	32	(a) An authorized peace officer may require a provider of
33	33	electronic communications service to disclose the contents of a
34	34	wire communication or an electronic communication that has been in
35	35	electronic storage for not longer than 180 days by obtaining a
36	36	warrant.
37	37	(b) An authorized peace officer may require a provider of
38	38	electronic communications service to disclose the contents of a
39	39	wire communication or an electronic communication that has been in
40	40	electronic storage for longer than 180 days:
41	41	(1) if notice is not being given to the subscriber or
42	42	customer, by obtaining a warrant;
43	43	(2) if notice is being given to the subscriber or
44	44	customer, by obtaining:
45	45	(A) an administrative subpoena authorized by
46	46	statute;
47	47	(B) a grand jury subpoena; or
48	48	(C) a court order issued under Section 5 of this
49	49	article; or
50	50	(3) as otherwise permitted by applicable federal law.
51	51	(c)(1) An authorized peace officer may require a provider of
52	52	a remote computing service to disclose the contents of a wire
53	53	communication or an electronic communication as described in
54	54	Subdivision (2) of this subsection:
55	55	(A) if notice is not being given to the
56	56	subscriber or customer, by obtaining a warrant issued under this
57	57	code;
58	58	(B) if notice is being given to the subscriber or
59	59	customer, by:
60	60	(i) an administrative subpoena authorized
61	61	by statute;
62	62	(ii) a grand jury subpoena; or
63	63	(iii) a court order issued under Section 5
64	64	of this article; or
65	65	(C) as otherwise permitted by applicable federal
66	66	law.
67	67	(2) Subdivision (1) of this subsection applies only to
68	68	a wire communication or an electronic communication that is in
69	69	electronic storage:
70	70	(A) on behalf of a subscriber or customer of the
71	71	service and is received by means of electronic transmission from or
72	72	created by means of computer processing of communications received
73	73	by means of electronic transmission from the subscriber or
74	74	customer; and
75	75	(B) solely for the purpose of providing storage
76	76	or computer processing services to the subscriber or customer if
77	77	the provider of the service is not authorized to obtain access to
78	78	the contents of those communications for purposes of providing any
79	79	service other than storage or computer processing.
80	80	SECTION 4. Subsections (a) and (b), Section 7, Article
81	81	18.21, Code of Criminal Procedure, are amended to read as follows:
82	82	(a) An authorized peace officer seeking a court order to
83	83	obtain information under Section 4 [4(c)] of this article may
84	84	include a request for an order delaying the notification required
85	85	under Section 4 [4(c)] of this article for a period not to exceed 90
86	86	days. The court shall grant the request if the court determines
87	87	that there is reason to believe that notification of the existence
88	88	of the court order may have an adverse result, as described in
89	89	Subsection (c) of this section.
90	90	(b) An authorized peace officer who has obtained a subpoena
91	91	authorized by statute or a grand jury subpoena to seek information
92	92	under Section 4 [4(c)] of this article may delay the notification
93	93	required under that section for a period not to exceed 90 days on
94	94	the execution of a written certification of a supervisory official
95	95	that there is reason to believe that notification of the existence
96	96	of the subpoena may have an adverse result as described in
97	97	Subsection (c) of this section. The peace officer shall maintain a
98	98	true copy of the certification.
99	99	SECTION 5. Subsection (a), Section 14, Article 18.21, Code
100	100	of Criminal Procedure, is amended to read as follows:
101	101	(a) A district judge may issue an order for the installation
102	102	and use [within the judge's judicial district] of a mobile tracking
103	103	device in the same judicial district as the site of:
104	104	(1) the investigation; or
105	105	(2) the person, vehicle, container, item, or object
106	106	the movement of which will be tracked by the mobile tracking device.
107	107	SECTION 6. (a) The changes in law made by this Act in
108	108	amending Sections 4 and 7, Article 18.21, Code of Criminal
109	109	Procedure, apply only to a warrant, subpoena, or court order
110	110	regarding disclosure of a wire communication or electronic
111	111	communication obtained or issued on or after the effective date of
112	112	this Act. A warrant, subpoena, or court order obtained or issued
113	113	before the effective date of this Act is governed by the law in
114	114	effect on the date the warrant, subpoena, or court order was
115	115	obtained or issued, and the former law is continued in effect for
116	116	that purpose.
117	117	(b) The changes in law made by this Act in amending Section
118	118	14, Article 18.21, Code of Criminal Procedure, apply only to a court
119	119	order issued on or after the effective date of this Act. A court
120	120	order issued before the effective date of this Act is governed by
121	121	the law in effect on the date the court order was issued, and the
122	122	former law is continued in effect for that purpose.
123	123	SECTION 7. This Act takes effect September 1, 2009.
124	124	______________________________ ______________________________
125	125	President of the Senate Speaker of the House
126	126	I hereby certify that S.B. No. 2047 passed the Senate on
127	127	April 24, 2009, by the following vote: Yeas 30, Nays 0; and that
128	128	the Senate concurred in House amendment on May 30, 2009, by the
129	129	following vote: Yeas 31, Nays 0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	I hereby certify that S.B. No. 2047 passed the House, with
133	133	amendment, on May 27, 2009, by the following vote: Yeas 148,
134	134	Nays 0, one present not voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	Approved:
138	138	______________________________
139	139	Date
140	140	______________________________
141	141	Governor