Texas 2015 - 84th Regular

Texas Senate Bill SB942 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1142 GCB-F
2	2	By: Estes, Ellis S.B. No. 942
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to warrants or orders issued to obtain certain information
8	8	through installation or use of global positioning system wireless
9	9	device trackers, international mobile subscriber identity
10	10	locators, or other devices or equipment, and to public access to law
11	11	enforcement or prosecutor requests for certain related location or
12	12	communication information; creating an offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 18.02(a), Code of Criminal Procedure, is
15	15	amended to read as follows:
16	16	(a) A search warrant may be issued to search for and seize:
17	17	(1) property acquired by theft or in any other manner
18	18	which makes its acquisition a penal offense;
19	19	(2) property specially designed, made, or adapted for
20	20	or commonly used in the commission of an offense;
21	21	(3) arms and munitions kept or prepared for the
22	22	purposes of insurrection or riot;
23	23	(4) weapons prohibited by the Penal Code;
24	24	(5) gambling devices or equipment, altered gambling
25	25	equipment, or gambling paraphernalia;
26	26	(6) obscene materials kept or prepared for commercial
27	27	distribution or exhibition, subject to the additional rules set
28	28	forth by law;
29	29	(7) a drug, controlled substance, immediate
30	30	precursor, chemical precursor, or other controlled substance
31	31	property, including an apparatus or paraphernalia kept, prepared,
32	32	or manufactured in violation of the laws of this state;
33	33	(8) any property the possession of which is prohibited
34	34	by law;
35	35	(9) implements or instruments used in the commission
36	36	of a crime;
37	37	(10) property or items, except the personal writings
38	38	by the accused, constituting evidence of an offense or constituting
39	39	evidence tending to show that a particular person committed an
40	40	offense;
41	41	(11) persons;
42	42	(12) contraband subject to forfeiture under Chapter 59
43	43	of this code; [or]
44	44	(13) electronic customer data held in electronic
45	45	storage, including the contents of and records and other
46	46	information related to a wire communication or electronic
47	47	communication held in electronic storage; or
48	48	(14) location information as defined by Article 18.21.
49	49	SECTION 2. Section 1(14), Article 18.20, Code of Criminal
50	50	Procedure, is amended to read as follows:
51	51	(14) "Global positioning system wireless device
52	52	tracker," "international mobile subscriber identity locator," "pen
53	53	["Pen] register," "ESN reader," "trap and trace device," and
54	54	"mobile tracking device" have the meanings assigned by Article
55	55	18.21.
56	56	SECTION 3. Section 9(c), Article 18.20, Code of Criminal
57	57	Procedure, is amended to read as follows:
58	58	(c) On request of the applicant for an order authorizing the
59	59	interception of a wire, oral, or electronic communication, the
60	60	judge may issue a separate order directing that a provider of a wire
61	61	or electronic communications service or remote computing service, a
62	62	communication common carrier, landlord, custodian, or other person
63	63	furnish the applicant all information, facilities, and technical
64	64	assistance necessary to accomplish the interception unobtrusively
65	65	and with a minimum of interference with the services that the
66	66	provider, carrier, landlord, custodian, or other person is
67	67	providing the person whose communications are to be intercepted.
68	68	Any provider of a wire or electronic communications service or
69	69	remote computing service, communication common carrier, landlord,
70	70	custodian, or other person furnishing facilities or technical
71	71	assistance is entitled to compensation by the applicant for
72	72	reasonable expenses incurred in providing the facilities or
73	73	assistance at the prevailing rates. The interception order may
74	74	include an order to:
75	75	(1) install or use a global positioning system
76	76	wireless device tracker, international mobile subscriber identity
77	77	locator, pen register, ESN reader, trap and trace device, or mobile
78	78	tracking device, or a similar device or equipment [that combines
79	79	the function of a pen register and trap and trace device]; or
80	80	(2) disclose a stored communication, information
81	81	subject to an administrative subpoena, or information subject to
82	82	access under Article 18.21[, Code of Criminal Procedure].
83	83	SECTION 4. The heading to Article 18.21, Code of Criminal
84	84	Procedure, is amended to read as follows:
85	85	Art. 18.21. GLOBAL POSITIONING SYSTEM WIRELESS DEVICE
86	86	TRACKERS, INTERNATIONAL MOBILE SUBSCRIBER IDENTITY LOCATORS, PEN
87	87	REGISTERS, ESN READERS, AND TRAP AND TRACE DEVICES; ACCESS TO
88	88	STORED COMMUNICATIONS; MOBILE TRACKING DEVICES
89	89	SECTION 5. Section 1, Article 18.21, Code of Criminal
90	90	Procedure, is amended by amending Subdivisions (4) and (5) and
91	91	adding Subdivisions (4-a), (4-b), and (4-c) to read as follows:
92	92	(4) "ESN reader" means a device that records the
93	93	electronic serial number from the data track of a [wireless
94	94	telephone,] cellular telephone[,] or other wireless communications
95	95	[similar communication] device that transmits its operational
96	96	status to a base site, if the device does not intercept the contents
97	97	of a communication.
98	98	(4-a) "Global positioning system wireless device
99	99	tracker" means any device, program, or application that uses a
100	100	satellite-based navigation system to obtain location information
101	101	from a cellular telephone or other wireless communications device.
102	102	(4-b) "International mobile subscriber identity
103	103	locator" means a device that:
104	104	(A) connects to a cellular telephone or other
105	105	wireless communications device in the same manner as a cellular
106	106	telephone tower connects to a cellular telephone or other wireless
107	107	communications device; and
108	108	(B) obtains or reveals location information
109	109	about or the identity of a subscriber or customer of a communication
110	110	common carrier, an electronic communications service, or a remote
111	111	computing service from the cellular telephone or other wireless
112	112	communications device.
113	113	(4-c) "Location information" means any information
114	114	that concerns the location of a cellular telephone or other
115	115	wireless communications device and is wholly or partly generated by
116	116	or derived from the operation of the telephone or device. The term
117	117	includes information regarding the current or past location of the
118	118	cellular telephone or other wireless communications device.
119	119	(5) "Mobile tracking device" means an electronic or
120	120	mechanical device that permits tracking the movement of a person,
121	121	vehicle, container, item, or object. The term does not include a
122	122	global positioning system wireless device tracker.
123	123	SECTION 6. Section 2, Article 18.21, Code of Criminal
124	124	Procedure, is amended by amending Subsections (a), (b), (c), (d),
125	125	(e), (f), (g), (i), (k), and (m) and adding Subsections (a-1) and
126	126	(g-1) to read as follows:
127	127	(a) A prosecutor with jurisdiction in a county within a
128	128	judicial district described by Subsection (a-1) [this subsection]
129	129	may file [an application for the installation and use of a pen
130	130	register, ESN reader, trap and trace device, or similar equipment
131	131	that combines the function of a pen register and a trap and trace
132	132	device] with a district judge in the judicial district an
133	133	application for the installation or use of:
134	134	(1) a global positioning system wireless device
135	135	tracker;
136	136	(2) an international mobile subscriber identity
137	137	locator;
138	138	(3) a pen register;
139	139	(4) an ESN reader;
140	140	(5) a trap and trace device; or
141	141	(6) a similar device or equipment.
142	142	(a-1) The judicial district in which an application may be
143	143	filed under Subsection (a) must be a district in which is located:
144	144	(1) the site of the proposed installation or use of the
145	145	device or equipment described by Subsection (a);
146	146	(2) the site of the cellular telephone, wireless
147	147	communications device, or other communication device on which the
148	148	device or equipment described by Subsection (a) is proposed to be
149	149	installed or used;
150	150	(3) the billing, residential, or business address of
151	151	the subscriber or customer of [to] the electronic communications
152	152	service, remote computing service, or communication common carrier
153	153	on which the device or equipment described by Subsection (a) is
154	154	proposed to be installed or used;
155	155	(4) the headquarters of:
156	156	(A) the office of the prosecutor filing an
157	157	application under this section; or
158	158	(B) a law enforcement agency that requests the
159	159	prosecutor to file an application under this section or that
160	160	proposes to execute an order authorizing installation or [and] use
161	161	of the device or equipment described by Subsection (a); or
162	162	(5) the headquarters of a carrier or service provider
163	163	ordered to install the device or equipment described by Subsection
164	164	(a).
165	165	(b)(1) A prosecutor may file an application under this
166	166	section or under federal law on the prosecutor's own motion or on
167	167	the request of an authorized peace officer, regardless of whether
168	168	the officer is commissioned by the department.
169	169	(2) A prosecutor who files an application on the
170	170	prosecutor's own motion or who files an application for the
171	171	installation or [and] use of a global positioning system wireless
172	172	device tracker, international mobile subscriber identity locator,
173	173	pen register, ESN reader, or a similar device or equipment on the
174	174	request of an authorized peace officer not commissioned by the
175	175	department, other than an authorized peace officer employed by a
176	176	designated law enforcement office or agency, must make the
177	177	application personally and may not do so through an assistant or
178	178	some other person acting on the prosecutor's behalf.
179	179	(3) A prosecutor may make an application through an
180	180	assistant or other person acting on the prosecutor's behalf if the
181	181	prosecutor files an application for the installation and use of:
182	182	(A) [(1)] a global positioning system wireless
183	183	device tracker, international mobile subscriber identity locator,
184	184	pen register, ESN reader, or a similar device or equipment on the
185	185	request of:
186	186	(i) [(A)] an authorized peace officer who
187	187	is commissioned by the department; or
188	188	(ii) [(B)] an authorized peace officer of a
189	189	designated law enforcement office or agency; or
190	190	(B) [(2)] a trap and trace device or a similar
191	191	device or equipment on the request of an authorized peace officer,
192	192	regardless of whether the officer is commissioned by the
193	193	department.
194	194	(c) The application must:
195	195	(1) be made in writing under oath;
196	196	(2) include the name of the subscriber or customer and
197	197	the telephone number and location of the cellular telephone,
198	198	wireless communications device, or other communication device on
199	199	which the [pen register, ESN reader, trap and trace] device[,] or
200	200	[similar] equipment described by Subsection (a) will be installed
201	201	or used, to the extent that information is known or is reasonably
202	202	ascertainable; and
203	203	(3) state that the installation or [and] use of the
204	204	device or equipment will likely produce information that is
205	205	material to an ongoing criminal investigation.
206	206	(d) On presentation of the application, the judge may order
207	207	the installation or [and] use of the global positioning system
208	208	wireless device tracker, international mobile subscriber identity
209	209	locator, pen register, ESN reader, or a similar device or equipment
210	210	by an authorized peace officer commissioned by the department or an
211	211	authorized peace officer of a designated law enforcement office or
212	212	agency, and, on request of the applicant, the judge shall direct in
213	213	the order that a communication common carrier or a provider of an
214	214	electronic communications service or remote computing service
215	215	furnish all information, facilities, and technical assistance
216	216	necessary to facilitate the installation or [and] use of the device
217	217	or equipment by the department or designated law enforcement office
218	218	or agency unobtrusively and with a minimum of interference to the
219	219	services provided by the carrier or service provider. The carrier
220	220	or service provider is entitled to compensation at the prevailing
221	221	rates for the facilities and assistance provided to the department
222	222	or a designated law enforcement office or agency.
223	223	(e) On presentation of the application, the judge may order
224	224	the installation or [and] use of the trap and trace device or a
225	225	similar device or equipment by the communication common carrier or
226	226	other person on the appropriate line. The judge may direct the
227	227	communication common carrier or other person, including any
228	228	landlord or other custodian of equipment, to furnish all
229	229	information, facilities, and technical assistance necessary to
230	230	install or use the device or equipment unobtrusively and with a
231	231	minimum of interference to the services provided by the
232	232	communication common carrier, landlord, custodian, or other
233	233	person. Unless otherwise ordered by the court, the results of the
234	234	trap and trace device or a similar device or equipment shall be
235	235	furnished to the applicant, designated by the court, at reasonable
236	236	intervals during regular business hours, for the duration of the
237	237	order. The carrier is entitled to compensation at the prevailing
238	238	rates for the facilities and assistance provided to the designated
239	239	law enforcement office or agency.
240	240	(f) Except as otherwise provided by this subsection, an
241	241	order for the installation or [and] use of a device or equipment
242	242	described by Subsection (a) [under this section] is valid for not
243	243	more than 60 days after the earlier of the date the device or
244	244	equipment is installed or the 10th day after the date the order is
245	245	entered, unless the prosecutor applies for and obtains from the
246	246	court an extension of the order before the order expires. The
247	247	period of extension may not exceed 60 days for each extension
248	248	granted, except that with the consent of the subscriber or customer
249	249	of the carrier or service provider on which the device or equipment
250	250	is used, the court may extend an order for a period not to exceed one
251	251	year.
252	252	(g) At the request of the prosecutor or a peace officer, the
253	253	[The] district court may [shall] seal the [an] application and
254	254	order as provided by [granted under] this subsection. The
255	255	application and order may be sealed for an initial period not to
256	256	exceed 180 days. For good cause shown, the court may grant one or
257	257	more additional one-year periods. With respect to any application
258	258	that is or becomes subject to disclosure, on a judicial
259	259	determination that the disclosure of identifying information for a
260	260	person who is a victim, witness, peace officer, or informant would
261	261	cause an adverse result as defined by Section 8(b), the court shall
262	262	redact the identifying information from the application and from
263	263	the record of the application retained and submitted as described
264	264	by Subsection (g-1). On a showing of clear and convincing evidence
265	265	that disclosure of identifying personal information would cause an
266	266	adverse result, the court may permanently seal the application
267	267	[article].
268	268	(g-1) The court shall retain a record of any application
269	269	made or order granted under this section and submit the record to
270	270	the department in accordance with Section 18.
271	271	(i) A peace officer of a designated law enforcement office
272	272	or agency is authorized to possess, install, operate, or monitor a
273	273	global positioning system wireless device tracker, international
274	274	mobile subscriber identity locator, pen register, ESN reader, or a
275	275	similar device or equipment if the officer's name is on the list
276	276	submitted to the director of the department under Subsection (k).
277	277	(k) If the director of the department or the director's
278	278	designee approves the policy submitted under Subsection (j), the
279	279	inspector general of the Texas Department of Criminal Justice or
280	280	the inspector general's designee, or the sheriff or chief of a
281	281	designated law enforcement agency or the sheriff's or chief's
282	282	designee, as applicable, shall submit to the director a written
283	283	list of all officers in the designated law enforcement office or
284	284	agency who are authorized to possess, install, monitor, or operate
285	285	global positioning system wireless device trackers, international
286	286	mobile subscriber identity locators, pen registers, ESN readers, or
287	287	similar devices or equipment.
288	288	(m) The inspector general of the Texas Department of
289	289	Criminal Justice or the sheriff or chief of a designated law
290	290	enforcement agency, as applicable, shall submit to the director of
291	291	the department a written report of expenditures made by the
292	292	designated law enforcement office or agency for the purchase and
293	293	maintenance of a global positioning system wireless device tracker,
294	294	international mobile subscriber identity locator, pen register,
295	295	ESN reader, or a similar device or equipment, authorized under this
296	296	article. The director of the department shall report those
297	297	expenditures publicly on an annual basis via the department's
298	298	website, or other comparable means.
299	299	SECTION 7. Section 3, Article 18.21, Code of Criminal
300	300	Procedure, is amended to read as follows:
301	301	Sec. 3. EMERGENCY INSTALLATION OR [AND] USE OF GLOBAL
302	302	POSITIONING SYSTEM WIRELESS DEVICE TRACKER, INTERNATIONAL MOBILE
303	303	SUBSCRIBER IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE
304	304	DEVICE. (a) A peace officer authorized to possess, install,
305	305	operate, or monitor a device under Section 8A, Article 18.20, may
306	306	install and use a global positioning system wireless device
307	307	tracker, international mobile subscriber identity locator, pen
308	308	register, [or] trap and trace device, or a similar device or
309	309	equipment if the officer:
310	310	(1) reasonably believes an immediate life-threatening
311	311	situation exists that:
312	312	(A) is within the territorial jurisdiction of the
313	313	officer or another officer the officer is assisting; and
314	314	(B) requires the installation or use of a global
315	315	positioning system wireless device tracker, international mobile
316	316	subscriber identity locator, pen register, or trap and trace device
317	317	before an order authorizing the installation or [and] use can, with
318	318	due diligence, be obtained under this article; and
319	319	(2) reasonably believes there are sufficient grounds
320	320	under this article on which to obtain an order authorizing the
321	321	installation and use of the device or equipment described by this
322	322	subsection [a pen register or trap and trace device].
323	323	(b) If an officer installs or uses a global positioning
324	324	system wireless device tracker, international mobile subscriber
325	325	identity locator, pen register, or trap and trace device under
326	326	Subsection (a), the officer shall:
327	327	(1) promptly report the installation or use to the
328	328	prosecutor in the county in which the device or equipment is
329	329	installed or used; and
330	330	(2) within 48 hours after the installation is complete
331	331	or the use of the device or equipment begins, whichever occurs
332	332	first, obtain an order under Section 2 authorizing the installation
333	333	or [and] use.
334	334	(c) A judge may issue an order authorizing the installation
335	335	or [and] use of a device or equipment under this section during the
336	336	48-hour period prescribed by Subsection (b)(2). If an order is
337	337	denied or is not issued within the 48-hour period, on the earlier of
338	338	the denial or the expiration of the 48-hour period, the officer
339	339	shall immediately terminate use of the device or equipment
340	340	described by Subsection (a) and remove the [pen register or the trap
341	341	and trace] device or equipment [promptly on the earlier of the
342	342	denial or the expiration of 48 hours].
343	343	(d) The state may not use as evidence in a criminal
344	344	proceeding any information gained through [the use of] a [pen
345	345	register or trap and trace] device or equipment installed or used
346	346	under this section if an authorized peace officer does not apply for
347	347	or applies for but does not obtain authorization for the
348	348	installation or use of the [pen register or trap and trace] device
349	349	or equipment.
350	350	SECTION 8. Article 18.21, Code of Criminal Procedure, is
351	351	amended by adding Section 14A to read as follows:
352	352	Sec. 14A. WARRANT FOR LOCATION INFORMATION FROM CELLULAR
353	353	TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE. (a) A district
354	354	judge may issue a warrant for location information that is obtained
355	355	from a cellular telephone or other wireless communications device
356	356	by using a global positioning system wireless device tracker or an
357	357	international mobile subscriber identity locator.
358	358	(b) A warrant under this section may be issued in the same
359	359	judicial district as, or in a judicial district that is contiguous
360	360	to the same judicial district as, the site of:
361	361	(1) the investigation; or
362	362	(2) the person, vehicle, container, item, or object
363	363	the movement of which will be tracked by the location information
364	364	obtained from the cellular telephone or wireless communications
365	365	device.
366	366	(c) The warrant may authorize the acquisition of location
367	367	information obtained from a cellular telephone or wireless
368	368	communications device that, at the time the location information is
369	369	acquired, is located outside the judicial district but within the
370	370	state if the applicant for the warrant reasonably believes the
371	371	telephone or device to be located within the district at the time
372	372	the warrant is issued.
373	373	(d) A warrant issued under this section for location
374	374	information does not authorize the use of a global positioning
375	375	system wireless device tracker or an international mobile
376	376	subscriber identity locator unless the warrant specifically states
377	377	that device or equipment may be used.
378	378	(e) A district judge may issue the warrant only on the
379	379	application of a peace officer. An application must be written and
380	380	signed and sworn to or affirmed before the judge. The affidavit
381	381	must:
382	382	(1) state the name, department, agency, and address of
383	383	the applicant;
384	384	(2) identify the cellular telephone or wireless
385	385	communications device to be monitored;
386	386	(3) state the name of the owner or possessor of the
387	387	telephone or device to be monitored;
388	388	(4) state the judicial district in which the telephone
389	389	or device is reasonably expected to be located;
390	390	(5) state the facts and circumstances that provide the
391	391	applicant with probable cause to believe that:
392	392	(A) criminal activity has been, is, or will be
393	393	committed; and
394	394	(B) acquisition of location information from the
395	395	telephone or device is likely to produce evidence in a criminal
396	396	investigation of the criminal activity described in Paragraph (A);
397	397	and
398	398	(6) if applicable, request authorization to use a
399	399	global positioning system wireless device tracker or an
400	400	international mobile subscriber identity locator to obtain
401	401	location information and state the reason the use of that device or
402	402	equipment is necessary.
403	403	(f) A warrant issued under this section that requires action
404	404	by a communication common carrier, an electronic communications
405	405	service, or a remote computing service must be executed within the
406	406	period provided by Article 18.07 by properly serving the warrant on
407	407	the carrier or service provider.
408	408	(g) A warrant issued under this section expires not later
409	409	than the 90th day after the date the warrant is issued, and location
410	410	information may not be obtained after the expiration date without
411	411	an extension of the warrant. For good cause shown, the judge may
412	412	grant an extension for an additional 90-day period.
413	413	(h) At the request of a peace officer, the district court
414	414	may seal the application and warrant as provided by this
415	415	subsection. The application and warrant may be sealed for an
416	416	initial period not to exceed 180 days. For good cause shown, the
417	417	court may grant one or more additional one-year periods.
418	418	(i) With respect to any application that is or becomes
419	419	subject to disclosure, on a judicial determination that the
420	420	disclosure of identifying information for a person who is a victim,
421	421	witness, peace officer, or informant would cause an adverse result
422	422	as defined by Section 8(b), the court shall redact the identifying
423	423	information from the application and from the record of the
424	424	application retained and submitted as described by Subsection (j).
425	425	On a showing of clear and convincing evidence that disclosure of
426	426	identifying personal information would cause an adverse result, the
427	427	court may permanently seal the application.
428	428	(j) The court shall retain a record of any application made
429	429	or warrant issued under this section and submit the record to the
430	430	department in accordance with Section 18.
431	431	(k) Notwithstanding any other law, location information may
432	432	be obtained from a cellular telephone or wireless communications
433	433	device without a warrant by:
434	434	(1) a private entity or a peace officer if the
435	435	telephone or device is reported stolen by the owner; or
436	436	(2) a peace officer if:
437	437	(A) there exists an immediate life-threatening
438	438	situation, as defined by Section 1(22), Article 18.20; or
439	439	(B) the officer reasonably believes the
440	440	telephone or device is in the possession of a fugitive from justice
441	441	for whom an arrest warrant has been issued for committing a felony
442	442	offense.
443	443	(l) A peace officer may apply for, and a district court may
444	444	issue, an order authorizing the officer to obtain location
445	445	information from a cellular telephone or wireless communications
446	446	device on the officer's showing that there are reasonable grounds
447	447	to believe that the telephone or device is in the possession of a
448	448	fugitive from justice for whom an arrest warrant has been issued for
449	449	committing a felony offense.
450	450	(m) Regardless of whether an order has been issued with
451	451	respect to the matter under Subsection (l), a peace officer must
452	452	apply for a warrant to obtain location information from a cellular
453	453	telephone or wireless communications device under Subsection
454	454	(k)(2) as soon as practicable. If the district judge finds that the
455	455	applicable situation under Subsection (k)(2) did not occur and
456	456	declines to issue the warrant, any evidence obtained is not
457	457	admissible in a criminal action.
458	458	SECTION 9. Section 15(a), Article 18.21, Code of Criminal
459	459	Procedure, is amended to read as follows:
460	460	(a) The director of the department or the director's
461	461	designee, the inspector general of the Texas Department of Criminal
462	462	Justice or the inspector general's designee, or the sheriff or
463	463	chief of a [designated] law enforcement agency or the sheriff's or
464	464	chief's designee may issue an administrative subpoena to a
465	465	communication [communications] common carrier or a provider of an
466	466	electronic communications service or remote computing service to
467	467	compel the production of the carrier's or service provider's
468	468	[service's] business records that:
469	469	(1) disclose information, excluding any location
470	470	information, about:
471	471	(A) the carrier's or service provider's
472	472	subscribers or [service's] customers; or
473	473	(B) other users of the services offered by the
474	474	carrier or service provider; and
475	475	(2) are material to a criminal investigation.
476	476	SECTION 10. Article 18.21, Code of Criminal Procedure, is
477	477	amended by adding Sections 15A, 17, and 18 to read as follows:
478	478	Sec. 15A. COMPELLING PRODUCTION OF BUSINESS RECORDS
479	479	DISCLOSING LOCATION INFORMATION. On application by the director of
480	480	the department or the director's designee, the inspector general of
481	481	the Texas Department of Criminal Justice or the inspector general's
482	482	designee, or the sheriff or chief of a law enforcement agency or the
483	483	sheriff's or chief's designee, the district court may issue a
484	484	warrant under Article 18.02 to a communication common carrier or a
485	485	provider of an electronic communications service or remote
486	486	computing service to compel the production of the carrier's or
487	487	service provider's business records that disclose location
488	488	information about the carrier's or service provider's subscribers
489	489	or customers or other users of the services offered by the carrier
490	490	or service provider, if there is probable cause to believe the
491	491	records disclosing location information will provide evidence in a
492	492	criminal investigation.
493	493	Sec. 17. CONTROL OF INTERNATIONAL MOBILE SUBSCRIBER
494	494	IDENTITY LOCATOR. (a) Except as otherwise provided by this
495	495	section, only the department or a county or municipal law
496	496	enforcement agency is authorized to own, possess, install, operate,
497	497	or monitor an international mobile subscriber identity locator.
498	498	(b) An investigative or law enforcement officer or other
499	499	person may assist the department or a county or municipal law
500	500	enforcement agency in the operation or monitoring of an
501	501	international mobile subscriber identity locator, provided that
502	502	the officer or other person:
503	503	(1) is designated for that purpose by the director or
504	504	the head of the county or municipal law enforcement agency, as
505	505	applicable; and
506	506	(2) acts in the presence and under the direction of a
507	507	commissioned officer of the department or the county or municipal
508	508	law enforcement agency.
509	509	(c) The director and the head of a county or municipal law
510	510	enforcement agency shall designate in writing the commissioned
511	511	officers who are responsible for the possession, installation,
512	512	operation, or monitoring of an international mobile subscriber
513	513	identity locator for the department or law enforcement agency.
514	514	Sec. 18. ANNUAL REPORT OF WARRANTS AND ORDERS. (a) Not
515	515	later than the 60th day after the date of expiration of a warrant or
516	516	order issued under this article or an order extending the period of
517	517	a warrant or order issued under this article, or not later than the
518	518	60th day after the date the court denies an application for a
519	519	warrant or order under this article, the court shall submit to the
520	520	department the following information, as applicable:
521	521	(1) the receipt of an application for a warrant or
522	522	order under this article;
523	523	(2) the type of warrant or order for which the
524	524	application was made;
525	525	(3) whether any application for an order of extension
526	526	was granted, granted as modified by the court, or denied;
527	527	(4) whether the warrant authorized the use of a global
528	528	positioning system wireless device tracker or an international
529	529	mobile subscriber identity locator;
530	530	(5) the period of monitoring authorized by the warrant
531	531	or order and the number and duration of any extensions of the
532	532	warrant or order;
533	533	(6) the offense under investigation, as specified in
534	534	the application for the warrant or order or an extension of the
535	535	warrant or order; and
536	536	(7) the law enforcement office or agency or the
537	537	prosecutor that submitted an application for the warrant or order
538	538	or an extension of the warrant or order.
539	539	(b) Not later than March 15 of each year, each prosecutor
540	540	that submits an application for a warrant or order or an extension
541	541	of a warrant or order under this article shall submit to the
542	542	department the following information for the preceding calendar
543	543	year:
544	544	(1) the information required to be submitted by a
545	545	court under Subsection (a) with respect to each application
546	546	submitted by the prosecutor for the warrant or order or an extension
547	547	of the warrant or order;
548	548	(2) a general description of information collected
549	549	under each warrant or order that was issued by the court, including
550	550	the approximate number of individuals for whom location information
551	551	was intercepted and the approximate duration of the monitoring of
552	552	the location information of those individuals;
553	553	(3) the number of arrests made as a result of
554	554	information obtained under a warrant or order issued under this
555	555	article;
556	556	(4) the number of criminal trials commenced as a
557	557	result of information obtained under a warrant or order issued
558	558	under this article; and
559	559	(5) the number of convictions obtained as a result of
560	560	information obtained under a warrant or order issued under this
561	561	article.
562	562	(c) Information submitted to the department under this
563	563	section is public information and subject to disclosure under
564	564	Chapter 552, Government Code.
565	565	(d) Not later than June 1 of each year, the public safety
566	566	director of the department shall submit a report to the governor,
567	567	the lieutenant governor, the speaker of the house of
568	568	representatives, and the chairs of the standing committees of the
569	569	senate and house of representatives with primary jurisdiction over
570	570	criminal justice. The report must contain the following
571	571	information for the preceding calendar year:
572	572	(1) an assessment of the extent of the tracking or
573	573	monitoring performed by law enforcement offices and agencies by
574	574	means of the installation or use of a global positioning system
575	575	wireless device tracker, international mobile subscriber identity
576	576	locator, pen register, ESN reader, trap and trace device, or a
577	577	similar device or equipment;
578	578	(2) a comparison of the ratio of the number of
579	579	applications for warrants or orders made under this article to the
580	580	number of arrests and convictions resulting from information
581	581	obtained under a warrant or order issued under this article; and
582	582	(3) identification of the types of offenses
583	583	investigated under a warrant or order issued under this article.
584	584	SECTION 11. Section 54.978(e), Government Code, is amended
585	585	to read as follows:
586	586	(e) In this subsection, "global positioning system wireless
587	587	device tracker," "international mobile subscriber identity
588	588	locator," "pen register," "ESN reader," "trap and trace device,"
589	589	and "mobile tracking device" have the meanings assigned by Section
590	590	18.21, Code of Criminal Procedure. A magistrate may:
591	591	(1) notwithstanding Section 2(a), Article 18.21, Code
592	592	of Criminal Procedure, issue an order under Section 2, Article
593	593	18.21, Code of Criminal Procedure, for the installation and use of:
594	594	(A) a global positioning system wireless device
595	595	tracker;
596	596	(B) an international mobile subscriber identity
597	597	locator;
598	598	(C) a pen register;
599	599	(D) [(B)] an ESN reader;
600	600	(E) [(C)] a trap and trace device; or
601	601	(F) a similar device or [(D)] equipment [that
602	602	combines the function of a pen register and a trap and trace
603	603	device];
604	604	(2) issue an order to obtain access to stored
605	605	communications under Section 5, Article 18.21, Code of Criminal
606	606	Procedure; and
607	607	(3) notwithstanding Section 14(a), Article 18.21,
608	608	Code of Criminal Procedure, issue an order for the installation and
609	609	use of a mobile tracking device under Section 14, Article 18.21,
610	610	Code of Criminal Procedure.
611	611	SECTION 12. The heading to Section 16.03, Penal Code, is
612	612	amended to read as follows:
613	613	Sec. 16.03. UNLAWFUL USE OF INTERNATIONAL MOBILE SUBSCRIBER
614	614	IDENTITY LOCATOR, PEN REGISTER, OR TRAP AND TRACE DEVICE.
615	615	SECTION 13. Sections 16.03(a), (b), and (c), Penal Code,
616	616	are amended to read as follows:
617	617	(a) A person commits an offense if the person knowingly
618	618	installs or uses:
619	619	(1) an international mobile subscriber identity
620	620	locator to obtain location information from a cellular telephone or
621	621	other wireless communications device; or
622	622	(2) a pen register or trap and trace device to record
623	623	or decode electronic or other impulses for the purpose of
624	624	identifying telephone numbers dialed or otherwise transmitted on a
625	625	telephone line.
626	626	(b) In this section, "authorized peace officer,"
627	627	"communications common carrier," "international mobile subscriber
628	628	identity locator," "location information," "pen register," and
629	629	"trap and trace device" have the meanings assigned by Article
630	630	18.21, Code of Criminal Procedure.
631	631	(c) It is an affirmative defense to prosecution under
632	632	Subsection (a) that the actor is:
633	633	(1) an officer, employee, or agent of a communications
634	634	common carrier or of the provider of an electronic communications
635	635	service or remote computing service and the actor installs or uses a
636	636	device or equipment to obtain information from a cellular telephone
637	637	or other wireless communications device or to record a number
638	638	dialed from or to a telephone [instrument] in the normal course of
639	639	business of the carrier or service provider for purposes of:
640	640	(A) protecting property or services provided by
641	641	the carrier or service provider; or
642	642	(B) assisting another who the actor reasonably
643	643	believes to be a peace officer authorized to install or use an
644	644	international mobile subscriber identity locator, a pen register,
645	645	or a trap and trace device under Article 18.21, Code of Criminal
646	646	Procedure;
647	647	(2) an officer, employee, or agent of a lawful
648	648	enterprise and the actor installs or uses a device or equipment
649	649	while engaged in an activity that:
650	650	(A) is a necessary incident to the rendition of
651	651	service or to the protection of property of or services provided by
652	652	the enterprise; and
653	653	(B) is not made for the purpose of gathering
654	654	information for a law enforcement agency or private investigative
655	655	agency, other than information related to the theft of
656	656	communication or information services provided by the enterprise;
657	657	or
658	658	(3) a person authorized to install or use an
659	659	international mobile subscriber identity locator, a pen register,
660	660	or a trap and trace device under Article 18.21, Code of Criminal
661	661	Procedure.
662	662	SECTION 14. (a) The change in law made by this Act applies
663	663	only to a warrant issued on or after the effective date of this Act.
664	664	A warrant issued before the effective date of this Act is governed
665	665	by the law in effect on the date the warrant was issued, and the
666	666	former law is continued in effect for that purpose.
667	667	(b) A prosecutor is not required to file the initial annual
668	668	report required by Section 18(b), Article 18.21, Code of Criminal
669	669	Procedure, as added by this Act, before March 15, 2017. The initial
670	670	annual report must cover the 2016 calendar year.
671	671	SECTION 15. This Act takes effect September 1, 2015.