Texas 2009 - 81st Regular

Texas Senate Bill SB537 Compare Versions

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Old	New	Differences
1	1	S.B. No. 537
2	2
3	3
4	4	AN ACT
5	5	relating to the emergency installation and use of a device to
6	6	intercept wire, oral, or electronic communications.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (b), Section 8A, Article 18.20, Code
9	9	of Criminal Procedure, is amended to read as follows:
10	10	(b) A peace officer designated under Subsection (a) or under
11	11	Section 5(b) may possess, install, operate, or monitor an
12	12	electronic, mechanical, or other device to intercept wire, oral, or
13	13	electronic communications if the officer:
14	14	(1) reasonably believes an immediate life-threatening
15	15	situation exists that:
16	16	(A) is within the territorial jurisdiction of the
17	17	officer or another officer the officer is assisting; and
18	18	(B) requires interception of communications
19	19	before an order authorizing the interception can, with due
20	20	diligence, be obtained under this section;
21	21	(2) reasonably believes there are sufficient grounds
22	22	under this section on which to obtain an order authorizing the
23	23	interception; and
24	24	(3) obtains oral or written consent to the
25	25	interception before beginning the interception from:
26	26	(A) a judge of competent jurisdiction;
27	27	(B) a district judge for the county in which the
28	28	device will be installed or used; or
29	29	(C) [(B)] a judge or justice of a court of
30	30	appeals or of a higher court.
31	31	SECTION 2. The change in law made by this Act to Subsection
32	32	(b), Section 8A, Article 18.20, Code of Criminal Procedure, applies
33	33	only to the interception of a wire, oral, or electronic
34	34	communication in an immediate life-threatening situation that
35	35	occurs on or after the effective date of this Act. An interception
36	36	of a wire, oral, or electronic communication in an immediate
37	37	life-threatening situation that occurred before the effective date
38	38	of this Act is covered by the law in effect on the date the
39	39	life-threatening situation occurred, and the former law is
40	40	continued in effect for that purpose.
41	41	SECTION 3. This Act takes effect September 1, 2009.
42	42	______________________________ ______________________________
43	43	President of the Senate Speaker of the House
44	44	I hereby certify that S.B. No. 537 passed the Senate on
45	45	April 23, 2009, by the following vote: Yeas 30, Nays 0;
46	46	May 29, 2009, Senate refused to concur in House amendment and
47	47	requested appointment of Conference Committee; May 30, 2009, House
48	48	granted request of the Senate; May 31, 2009, Senate adopted
49	49	Conference Committee Report by the following vote: Yeas 31,
50	50	Nays 0.
51	51	______________________________
52	52	Secretary of the Senate
53	53	I hereby certify that S.B. No. 537 passed the House, with
54	54	amendment, on May 27, 2009, by the following vote: Yeas 148,
55	55	Nays 0, one present not voting; May 30, 2009, House granted request
56	56	of the Senate for appointment of Conference Committee;
57	57	May 31, 2009, House adopted Conference Committee Report by the
58	58	following vote: Yeas 144, Nays 0, one present not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor