Texas House Bill HB3165

Texas 2015 - 84th Regular

Caption

Relating to warrants issued to obtain cell site information through the use of a cell site simulator device; public access to certain information relating to investigatory equipment; creating criminal offenses.

Impact

The legislation would introduce stricter standards for law enforcement's access to cell site information, potentially impacting investigations that rely on this technology. By requiring a warrant, the bill emphasizes the importance of judicial oversight in the use of surveillance technology, aligning with growing concerns about privacy rights in the digital age. Moreover, the bill specifies that law enforcement must notify the owner of the device within a prescribed time period after using such surveillance devices, further protecting individuals' rights to know when they have been surveilled.

Summary

House Bill 3165 focuses on the regulations surrounding the use of cell site simulator devices by law enforcement agencies. It seeks to amend the Texas Code of Criminal Procedure to establish a more structured process for obtaining warrants to use such devices, which are utilized to track the location and identity of cellular phone users. The bill outlines the criteria under which a district judge can issue a warrant, including requiring an authorized peace officer to provide probable cause related to criminal activity. The changes aim to enhance the oversight of these powerful investigative tools and protect citizens' rights.

Contention

A notable point of contention surrounding HB 3165 may arise from the balance it seeks to strike between law enforcement's needs to effectively conduct investigations and the public's right to privacy. Critics might argue that the additional requirements for obtaining warrants could hinder law enforcement efforts in urgent situations or allow potentially dangerous individuals to evade detection. However, supporters contend that the bill is a necessary safeguard against the misuse of advanced surveillance technologies that can intrude on citizens' privacy.