LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 22, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1608 by Hughes (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.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device. A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists. The bill would also provide for annual warrant request reports to be filed with the Department of Public Safety (DPS) by cell phone carriers and prosecutors by January 15th of each year. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislatures standing committees by March 15th of each year. It is anticipated that any additional workload for state agencies can be absorbed within existing resources. Local Government Impact Additional workload for local courts would vary depending on the number of applicable search warrants and orders; however, fiscal impact to local governments is not anticipated to be significant. Source Agencies:696 Department of Criminal Justice LBB Staff: UP, ESi, SD, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
March 22, 2013
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1608 by Hughes (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.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1608 by Hughes (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.), As Introduced
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1608 by Hughes (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.), As Introduced
HB1608 by Hughes (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.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device. A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists. The bill would also provide for annual warrant request reports to be filed with the Department of Public Safety (DPS) by cell phone carriers and prosecutors by January 15th of each year. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislatures standing committees by March 15th of each year. It is anticipated that any additional workload for state agencies can be absorbed within existing resources.
The bill would amend the Code of Criminal Procedure to allow a law enforcement agency to apply for a warrant to obtain location information. The bill defines location information as information that concerns the location of a cell phone or other wireless communication device that is wholly or partly generated or derived from the operation of the device.
A district judge would be allowed to issue a warrant for location information on the application of a peace officer. A warrant issued under the provisions of the bill would expire 90 days after being issued, and the judge would be allowed to grant an additional 90-day extension for good cause. A device could be monitored without a warrant if either the device is reported stolen by the owner or if an immediate life-threatening situation exists.
The bill would also provide for annual warrant request reports to be filed with the Department of Public Safety (DPS) by cell phone carriers and prosecutors by January 15th of each year. DPS would then be required to summarize these reports and file them with the Governor, Lieutenant Governor, Speaker of the House, and the chairs of the Legislatures standing committees by March 15th of each year.
It is anticipated that any additional workload for state agencies can be absorbed within existing resources.
Local Government Impact
Additional workload for local courts would vary depending on the number of applicable search warrants and orders; however, fiscal impact to local governments is not anticipated to be significant.
Source Agencies: 696 Department of Criminal Justice
696 Department of Criminal Justice
LBB Staff: UP, ESi, SD, KKR
UP, ESi, SD, KKR