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