83R6891 JSC-F
By: Zedler H.B. No. 2310
A BILL TO BE ENTITLED
AN ACT
relating to the offenses for which the use of wire, oral, or
electronic interception devices may be authorized.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Article 18.20, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE
AUTHORIZED. A judge of competent jurisdiction may issue an order
authorizing interception of wire, oral, or electronic
communications only if the prosecutor applying for the order shows
probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under Section 19.02, 19.03, or 43.26,
Penal Code;
(2) a felony under:
(A) Chapter 481, Health and Safety Code[, other
than felony possession of marihuana];
(B) Section 485.032, Health and Safety Code; or
(C) Chapter 483, Health and Safety Code;
(3) an offense under Section 20.03 or 20.04, Penal
Code;
(4) an offense under Chapter 20A, Penal Code;
(5) an offense under Chapter 34, Penal Code[, if the
criminal activity giving rise to the proceeds involves the
commission of an offense under Title 5, Penal Code, or an offense
under federal law or the laws of another state containing elements
that are substantially similar to the elements of an offense under
Title 5];
(6) an offense under Section 38.11, Penal Code; or
(7) an attempt, conspiracy, or solicitation to commit
an offense listed in this section.
SECTION 2. The change in law made by this Act applies only
to an application for an interception order filed on or after the
effective date of this Act. An application for an interception
order filed before the effective date of this Act is governed by the
law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.