Texas Senate Bill SB2047

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/24/09
• Out of House Committee: 5/21/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Report Pass: 5/20/09
• Enrolled: 5/30/09
• Passed: 6/19/09

Caption

Relating to the interception or the collection of information from certain communications in an investigation of criminal conduct.

Impact

The bill impacts state laws by redefining how law enforcement agencies gather information from communication service providers. It allows authorized officers to obtain communications that are stored for up to 180 days with a warrant and establishes additional procedures for the retrieval of older stored communications. This change is significant as it might enhance the capacity of law enforcement to investigate criminal activities while also potentially affecting individual privacy rights concerning stored electronic data.

Summary

SB2047 seeks to amend Texas' Code of Criminal Procedure regarding the interception and collection of information from wire and electronic communications in criminal investigations. The bill specifically defines terms related to electronic communication, establishes the conditions under which law enforcement can access such communications, and clarifies the roles of various legal orders like warrants and subpoenas in these processes. By updating these provisions, the bill aims to modernize laws that govern how electronic evidence is collected and used in investigations.

Contention

The contentions surrounding SB2047 likely revolve around the balance between effective law enforcement and the protection of individual privacy rights. Critics may voice concerns about increased government surveillance and the implications of allowing law enforcement extended access to personal communications without sufficient checks and balances. Additionally, discussions may arise over the adequacy of the processing and justification required for law enforcement to delay notifying individuals whose communications have been accessed, which could be seen as an infringement on personal rights.