Texas 2013 - 83rd Regular

Texas House Bill HB1608

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to warrants or orders issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.

Impact

The bill will require law enforcement to follow stricter protocols when seeking warrants for location data, necessitating probable cause to believe that such data will yield evidence for a criminal investigation. This change is significant as it adds a layer of judicial oversight regarding the collection of sensitive personal information, impacting both law enforcement operations and individual privacy rights. Furthermore, the legislation includes a transparency mechanism, mandating annual reports detailing applications for such warrants, the number of arrests and convictions stemming from these applications, and the scope of monitoring conducted by police agencies.

Summary

House Bill 1608 seeks to amend the Code of Criminal Procedure in Texas specifically regarding the issuance of search warrants for obtaining location information from wireless communications devices. The primary objective of this bill is to establish clear guidelines for the collection and usage of location data by law enforcement agencies, enhancing accountability while addressing privacy concerns. By defining 'location information' and establishing protocols for warrant applications, the bill aims to steady the legal framework surrounding more technologically sophisticated law enforcement practices.

Contention

Notable points of contention surrounding HB1608 include concerns about the balance between public safety and personal privacy. While supporters argue that the bill fortifies civil liberties by ensuring that warrants are granted only when there is substantial evidence pointing to criminal activity, critics fear that the strict requirements may hinder law enforcement's ability to respond swiftly in urgent situations. Additionally, there is a dialogue about the need for clearer definitions around what constitutes reasonable grounds for warrant applications, particularly in fast-evolving technological landscapes.

Companion Bills

TX SB786

Identical Relating to warrants issued to obtain location information from wireless communications devices and to public access to law enforcement or prosecutor requests for certain related location or communication information.

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