Texas Senate Bill SB1088

Texas 2013 - 83rd Regular

Caption

Relating to warrants issued to obtain location information from wireless communications devices.

Impact

The enactment of SB1088 would modify state laws regarding legal procedures for law enforcement agencies when pursuing location data. By clearly defining 'location information' and outlining procedural requirements for warrant issuance, the bill aims to enhance legal clarity and promote lawful practices concerning surveillance technology. This could have a significant influence on ongoing criminal investigations while ensuring compliance with established legal standards.

Summary

SB1088 addresses the legal parameters surrounding the issuance of search warrants for obtaining location information from wireless communications devices, such as cellular phones. The bill expands the existing provisions in the Code of Criminal Procedure to include specific language related to 'location information' and establishes clear criteria under which law enforcement can apply for warrants to track devices. This legislative effort seeks to respond to the growing intersection of technology and privacy concerns, particularly as mobile tracking capabilities become more sophisticated.

Sentiment

The sentiment around SB1088 has been mixed, reflecting broader societal debates on privacy and law enforcement's use of technology. Supporters often argue that this bill provides essential tools for law enforcement to effectively combat crime, particularly in cases involving serious offenses. Conversely, privacy advocates and some members of the public express concerns that the bill could effectively broaden surveillance capabilities without sufficient oversight, potentially infringing on individual rights.

Contention

Notable points of contention in discussions around SB1088 pertain to the potential for misuse of expanded tracking powers and the adequacy of oversight mechanisms included in the bill. Critics worry that while the bill aims to uphold privacy protections, it still leaves room for broad interpretation that could lead to overreach by law enforcement. The balance between providing officers with necessary investigative tools while safeguarding civil liberties remains a central theme of concern in the debate over this legislation.