Texas 2015 - 84th Regular

Texas Senate Bill SB1864 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Burton, et al. S.B. No. 1864
2	2	(Canales, White of Tyler, Elkins)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a peace officer to obtain a warrant to search
8	8	a cellular telephone or other wireless communications device.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 18.02(a), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(a) A search warrant may be issued to search for and seize:
13	13	(1) property acquired by theft or in any other manner
14	14	which makes its acquisition a penal offense;
15	15	(2) property specially designed, made, or adapted for
16	16	or commonly used in the commission of an offense;
17	17	(3) arms and munitions kept or prepared for the
18	18	purposes of insurrection or riot;
19	19	(4) weapons prohibited by the Penal Code;
20	20	(5) gambling devices or equipment, altered gambling
21	21	equipment, or gambling paraphernalia;
22	22	(6) obscene materials kept or prepared for commercial
23	23	distribution or exhibition, subject to the additional rules set
24	24	forth by law;
25	25	(7) a drug, controlled substance, immediate
26	26	precursor, chemical precursor, or other controlled substance
27	27	property, including an apparatus or paraphernalia kept, prepared,
28	28	or manufactured in violation of the laws of this state;
29	29	(8) any property the possession of which is prohibited
30	30	by law;
31	31	(9) implements or instruments used in the commission
32	32	of a crime;
33	33	(10) property or items, except the personal writings
34	34	by the accused, constituting evidence of an offense or constituting
35	35	evidence tending to show that a particular person committed an
36	36	offense;
37	37	(11) persons;
38	38	(12) contraband subject to forfeiture under Chapter 59
39	39	of this code; [or]
40	40	(13) electronic customer data held in electronic
41	41	storage, including the contents of and records and other
42	42	information related to a wire communication or electronic
43	43	communication held in electronic storage; or
44	44	(14) a cellular telephone or other wireless
45	45	communications device, subject to Article 18.0215.
46	46	SECTION 2. Chapter 18, Code of Criminal Procedure, is
47	47	amended by adding Article 18.0215 to read as follows:
48	48	Art. 18.0215. ACCESS TO CELLULAR TELEPHONE OR OTHER
49	49	WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not
50	50	search a person's cellular telephone or other wireless
51	51	communications device, pursuant to a lawful arrest of the person or
52	52	otherwise, without obtaining a warrant under this article.
53	53	(b) A warrant under this article may be issued only by a
54	54	district judge in the same judicial district as the site of:
55	55	(1) the law enforcement agency that employs the peace
56	56	officer, if the cellular telephone or other wireless communications
57	57	device is in the officer's possession; or
58	58	(2) the likely location of the telephone or device.
59	59	(c) A district judge may issue a warrant under this article
60	60	only on the application of a peace officer. An application must be
61	61	written and signed and sworn to or affirmed before the judge. The
62	62	application must:
63	63	(1) state the name, department, agency, and address of
64	64	the applicant;
65	65	(2) identify the cellular telephone or other wireless
66	66	communications device to be searched;
67	67	(3) state the name of the owner or possessor of the
68	68	telephone or device to be searched;
69	69	(4) state the judicial district in which:
70	70	(A) the law enforcement agency that employs the
71	71	peace officer is located, if the telephone or device is in the
72	72	officer's possession; or
73	73	(B) the telephone or device is likely to be
74	74	located; and
75	75	(5) state the facts and circumstances that provide the
76	76	applicant with probable cause to believe that:
77	77	(A) criminal activity has been, is, or will be
78	78	committed; and
79	79	(B) searching the telephone or device is likely
80	80	to produce evidence in the investigation of the criminal activity
81	81	described in Paragraph (A).
82	82	(d) Notwithstanding any other law, a peace officer may
83	83	search a cellular telephone or other wireless communications device
84	84	without a warrant if:
85	85	(1) the owner or possessor of the telephone or device
86	86	consents to the search;
87	87	(2) the telephone or device is reported stolen by the
88	88	owner or possessor; or
89	89	(3) the officer reasonably believes that:
90	90	(A) the telephone or device is in the possession
91	91	of a fugitive from justice for whom an arrest warrant has been
92	92	issued for committing a felony offense; or
93	93	(B) there exists an immediate life-threatening
94	94	situation, as defined by Section 1, Article 18.20.
95	95	(e) A peace officer must apply for a warrant to search a
96	96	cellular telephone or other wireless communications device as soon
97	97	as practicable after a search is conducted under Subsection
98	98	(d)(3)(A) or (B). If the district judge finds that the applicable
99	99	situation under Subsection (d)(3)(A) or (B) did not occur and
100	100	declines to issue the warrant, any evidence obtained is not
101	101	admissible in a criminal action.
102	102	SECTION 3. This Act takes effect September 1, 2015.