Texas 2009 - 81st Regular

Texas Senate Bill SB385 Compare Versions

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1	1	By: Carona S.B. No. 385
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the interception of wire, oral, or electronic
7	7	communications.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 18.20, Code of Criminal Procedure, is
10	10	amended by adding Section 9A to read as follows:
11	11	Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
12	12	PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2)
13	13	relating to the specification of the facilities from which or the
14	14	place where a communication is to be intercepted do not apply if:
15	15	(1) in the case of an application for an order
16	16	authorizing the interception of an oral communication:
17	17	(A) the application contains a full and complete
18	18	statement as to why the specification is not practical and
19	19	identifies the person committing or believed to be committing the
20	20	offense and whose communications are to be intercepted; and
21	21	(B) a judge of competent jurisdiction finds that
22	22	the specification is not practical; and
23	23	(2) in the case of an application for an order
24	24	authorizing the interception of a wire or electronic communication:
25	25	(A) the application identifies the person
26	26	committing or believed to be committing the offense and whose
27	27	communications are to be intercepted;
28	28	(B) a judge of competent jurisdiction finds that
29	29	the applicant has made an adequate showing of probable cause to
30	30	believe that the actions of the person identified in the
31	31	application could have the effect of thwarting interception from a
32	32	specified facility; and
33	33	(C) the authority to intercept a wire or
34	34	electronic communication under the order is limited to a period in
35	35	which it is reasonable to presume that the person identified in the
36	36	application will be reasonably proximate to the interception
37	37	device.
38	38	(b) A person implementing an order authorizing the
39	39	interception of an oral communication that, in accordance with this
40	40	section, does not specify the facility from which or the place where
41	41	a communication is to be intercepted may begin interception only
42	42	after the person ascertains the place where the communication is to
43	43	be intercepted.
44	44	(c) A provider of wire or electronic communications that
45	45	receives an order authorizing the interception of a wire or
46	46	electronic communication that, in accordance with this section,
47	47	does not specify the facility from which or the place where a
48	48	communication is to be intercepted may move the court to modify or
49	49	quash the order on the ground that the provider's assistance with
50	50	respect to the interception cannot be performed in a timely or
51	51	reasonable fashion. On notice to the state, the court shall decide
52	52	the motion expeditiously.
53	53	SECTION 2. Section 9A, Article 18.20, Code of Criminal
54	54	Procedure, as added by this Act, applies only to an application for
55	55	an order authorizing the interception of a wire, oral, or
56	56	electronic communication that is submitted on or after the
57	57	effective date of this Act. An application that was submitted
58	58	before the effective date of this Act is covered by the law in
59	59	effect on the date the application was submitted, and the former law
60	60	is continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2009.
62	62	COMMITTEE AMENDMENT NO. 1
63	63	Amend S.B. No. 385 (Senate engrossment) by adding the
64	64	following appropriately numbered SECTIONS to the bill and
65	65	renumbering subsequent SECTIONS of the bill accordingly:
66	66	SECTION ____. Section 15, Article 18.20, Code of Criminal
67	67	Procedure, is amended by adding Subsection (d) to read as follows:
68	68	(d) The director of the Department of Public Safety shall
69	69	make the report described by Subsection (c) of this section
70	70	available on any publicly accessible Internet website maintained by
71	71	the department. Before posting the report as required by this
72	72	subsection, the department shall redact from the report any
73	73	information including personal information, such as telephone
74	74	numbers, social security numbers, or other personal identification
75	75	information that could:
76	76	(1) jeopardize an ongoing intercept or investigation;
77	77	or
78	78	(2) endanger the physical safety of a peace officer
79	79	who made a request or a prosecutor who filed an application under
80	80	this article.
81	81	SECTION ____. Section 15(d), Article 18.20, Code of
82	82	Criminal Procedure, as added by this Act, applies only to a report
83	83	submitted by the director of the Department of Public Safety to the
84	84	applicable officials under Section 15(c), Article 18.20, Code of
85	85	Criminal Procedure, on or after the effective date of this Act. A
86	86	report submitted before the effective date of this Act is governed
87	87	by the law in effect on the date the report is submitted, and that law is continued in effect for that purpose.
88	88	law is continued in effect for that purpose.
89	89	Vaught