By: Carona S.B. No. 537
(In the Senate - Filed January 26, 2009; February 17, 2009,
read first time and referred to Committee on Criminal Justice;
April 8, 2009, reported favorably by the following vote: Yeas 6,
Nays 0; April 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the emergency installation and use of a device to
intercept wire, oral, or electronic communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 8A, Article 18.20, Code
of Criminal Procedure, is amended to read as follows:
(b) A peace officer designated under Subsection (a) or under
Section 5(b) may possess, install, operate, or monitor an
electronic, mechanical, or other device to intercept wire, oral, or
electronic communications if the officer:
(1) reasonably believes an immediate life-threatening
situation exists that:
(A) is within the territorial jurisdiction of the
officer or another officer the officer is assisting; and
(B) requires interception of communications
before an order authorizing the interception can, with due
diligence, be obtained under this section;
(2) reasonably believes there are sufficient grounds
under this section on which to obtain an order authorizing the
interception; and
(3) obtains oral or written consent to the
interception before beginning the interception from:
(A) a judge of competent jurisdiction;
(B) a district judge for the county in which the
device will be installed or used; or
(C) [(B)] a judge or justice of a court of
appeals or of a higher court.
SECTION 2. The change in law made by this Act to Subsection
(b), Section 8A, Article 18.20, Code of Criminal Procedure, applies
only to the interception of a wire, oral, or electronic
communication in an immediate life-threatening situation that
occurs on or after the effective date of this Act. An interception
of a wire, oral, or electronic communication in an immediate
life-threatening situation that occurred before the effective date
of this Act is covered by the law in effect on the date the
life-threatening situation occurred, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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