By: Carona S.B. No. 385
A BILL TO BE ENTITLED
AN ACT
relating to the interception of wire, oral, or electronic
communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.20, Code of Criminal Procedure, is
amended by adding Section 9A to read as follows:
Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2)
relating to the specification of the facilities from which or the
place where a communication is to be intercepted do not apply if:
(1) in the case of an application for an order
authorizing the interception of an oral communication:
(A) the application contains a full and complete
statement as to why the specification is not practical and
identifies the person committing or believed to be committing the
offense and whose communications are to be intercepted; and
(B) a judge of competent jurisdiction finds that
the specification is not practical; and
(2) in the case of an application for an order
authorizing the interception of a wire or electronic communication:
(A) the application identifies the person
committing or believed to be committing the offense and whose
communications are to be intercepted;
(B) a judge of competent jurisdiction finds that
the applicant has made an adequate showing of probable cause to
believe that the actions of the person identified in the
application could have the effect of thwarting interception from a
specified facility; and
(C) the authority to intercept a wire or
electronic communication under the order is limited to a period in
which it is reasonable to presume that the person identified in the
application will be reasonably proximate to the interception
device.
(b) A person implementing an order authorizing the
interception of an oral communication that, in accordance with this
section, does not specify the facility from which or the place where
a communication is to be intercepted may begin interception only
after the person ascertains the place where the communication is to
be intercepted.
(c) A provider of wire or electronic communications that
receives an order authorizing the interception of a wire or
electronic communication that, in accordance with this section,
does not specify the facility from which or the place where a
communication is to be intercepted may move the court to modify or
quash the order on the ground that the provider's assistance with
respect to the interception cannot be performed in a timely or
reasonable fashion. On notice to the state, the court shall decide
the motion expeditiously.
SECTION 2. Section 9A, Article 18.20, Code of Criminal
Procedure, as added by this Act, applies only to an application for
an order authorizing the interception of a wire, oral, or
electronic communication that is submitted on or after the
effective date of this Act. An application that was submitted
before the effective date of this Act is covered by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
COMMITTEE AMENDMENT NO. 1
Amend S.B. No. 385 (Senate engrossment) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 15, Article 18.20, Code of Criminal
Procedure, is amended by adding Subsection (d) to read as follows:
(d) The director of the Department of Public Safety shall
make the report described by Subsection (c) of this section
available on any publicly accessible Internet website maintained by
the department. Before posting the report as required by this
subsection, the department shall redact from the report any
information including personal information, such as telephone
numbers, social security numbers, or other personal identification
information that could:
(1) jeopardize an ongoing intercept or investigation;
or
(2) endanger the physical safety of a peace officer
who made a request or a prosecutor who filed an application under
this article.
SECTION ____. Section 15(d), Article 18.20, Code of
Criminal Procedure, as added by this Act, applies only to a report
submitted by the director of the Department of Public Safety to the
applicable officials under Section 15(c), Article 18.20, Code of
Criminal Procedure, on or after the effective date of this Act. A
report submitted before the effective date of this Act is governed
by the law in effect on the date the report is submitted, and that law is continued in effect for that purpose.
law is continued in effect for that purpose.
Vaught