| 1 | 1 | | By: S. Davis of Harris, et al. H.B. No. 1891 |
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| 2 | 2 | | (Senate Sponsor - Huffman) |
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| 3 | 3 | | (In the Senate - Received from the House April 11, 2011; |
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| 4 | 4 | | April 20, 2011, read first time and referred to Committee on |
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| 5 | 5 | | Criminal Justice; May 19, 2011, reported favorably by the |
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| 6 | 6 | | following vote: Yeas 7, Nays 0; May 19, 2011, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the execution of a search warrant for data or |
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| 12 | 12 | | information contained in or on certain devices. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Article 18.07, Code of Criminal Procedure, is |
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| 15 | 15 | | amended by adding Subsection (c) to read as follows: |
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| 16 | 16 | | (c) If a warrant is issued to search for and seize data or |
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| 17 | 17 | | information contained in or on a computer, disk drive, flash drive, |
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| 18 | 18 | | cellular telephone, or other electronic, communication, or data |
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| 19 | 19 | | storage device, the warrant is considered to have been executed |
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| 20 | 20 | | within the time allowed under Subsection (a) if the device was |
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| 21 | 21 | | seized before the expiration of the time allowed. Notwithstanding |
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| 22 | 22 | | any other law, any data or information contained in or on a device |
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| 23 | 23 | | seized may be recovered and analyzed after the expiration of the |
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| 24 | 24 | | time allowed under Subsection (a). |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to a warrant issued on or after the effective date of this Act. A |
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| 27 | 27 | | warrant issued before the effective date of this Act is governed by |
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| 28 | 28 | | the law in effect on the date the warrant was issued, and the former |
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| 29 | 29 | | law is continued in effect for that purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 31 | 31 | | * * * * * |
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