Texas House Bill HB1891

Texas 2011 - 82nd Regular

• Introduced: 2/28/11
• Out of House Committee: 3/31/11
• Voted on by House: 4/8/11
• Refer: 3/7/11
• Out of Senate Committee: 5/19/11
• Report Pass: 3/29/11
• Voted on by Senate: 5/25/11
• Engrossed: 4/8/11
• Governor Action: 6/17/11
• Refer: 4/20/11
• Report Pass: 5/19/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the execution of a search warrant for data or information contained in or on certain devices.

Impact

The implications of HB1891 impact how law enforcement agencies handle digital evidence. By allowing data to be analyzed after the seizure of the device, the bill acknowledges the complexities of modern technology and data retrieval processes. This could enhance investigators' abilities to build stronger cases without being constrained by the original timeline established for the warrant. However, it raises questions about the rights of individuals regarding their electronic data and could lead to concerns over the potential for extended delays in transparency about what data is being accessed and analyzed.

Summary

House Bill 1891 introduces amendments to Article 18.07 of the Code of Criminal Procedure concerning the execution of search warrants for the seizure of data from electronic devices such as computers, cell phones, and flash drives. The bill specifies that if a warrant is issued for such data, the warrant is considered executed even if the analysis of the data occurs after the expiration of the time allowed for the warrant, provided that the device itself was seized within the permitted time frame. This adjustment aims to streamline the process by which law enforcement can obtain and analyze digital evidence critical to investigations.

Contention

Debate surrounding HB1891 may center on issues of privacy and the rights of the accused. Critics may argue that extending the timeframe for data analysis could lead to misuse or overreach by law enforcement, diminishing the protections afforded to individuals under the law. Additionally, there could be concerns about how this bill affects the balance between effective law enforcement and individual privacy rights, particularly in an era where data breaches and privacy invasions are increasingly prevalent.