Texas 2017 - 85th Regular

Texas House Bill HB2450 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R20813 JRR-D
2	2	By: Koop H.B. No. 2450
3	3	Substitute the following for H.B. No. 2450:
4	4	By: Moody C.S.H.B. No. 2450
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a warrant authorizing the search of a cellular
10	10	telephone or other wireless communications device.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Articles 18.0215(b), (c), (d), and (e), Code of
13	13	Criminal Procedure, are amended to read as follows:
14	14	(b) A warrant under this article may be issued only by a
15	15	judge, justice, or other magistrate who is authorized to issue a
16	16	search warrant under Article 18.01(c) and is in the same judicial
17	17	district as the site of:
18	18	(1) the law enforcement agency that employs the peace
19	19	officer, if the cellular telephone or other wireless communications
20	20	device is in the officer's possession; or
21	21	(2) the likely location of the telephone or device.
22	22	(c) A judge, justice, or other magistrate may issue a
23	23	warrant under this article only on the application of a peace
24	24	officer. An application must be written and signed and sworn to or
25	25	affirmed before that magistrate [the judge]. The application
26	26	must:
27	27	(1) state the name, department, agency, and address of
28	28	the applicant;
29	29	(2) identify the cellular telephone or other wireless
30	30	communications device to be searched;
31	31	(3) state the name of the owner or possessor of the
32	32	telephone or device to be searched;
33	33	(4) state the judicial district in which:
34	34	(A) the law enforcement agency that employs the
35	35	peace officer is located, if the telephone or device is in the
36	36	officer's possession; or
37	37	(B) the telephone or device is likely to be
38	38	located; and
39	39	(5) state the facts and circumstances that provide the
40	40	applicant with probable cause to believe that:
41	41	(A) criminal activity has been, is, or will be
42	42	committed; and
43	43	(B) searching the telephone or device is likely
44	44	to produce evidence in the investigation of the criminal activity
45	45	described in Paragraph (A).
46	46	(d) Notwithstanding any other law, a peace officer may
47	47	search a cellular telephone or other wireless communications device
48	48	without a warrant if:
49	49	(1) the owner or possessor of the telephone or device
50	50	consents to the search;
51	51	(2) the officer reasonably believes that the telephone
52	52	or device has been [is reported] stolen and:
53	53	(A) limits the search to only the contact list
54	54	information and device settings necessary to identify the owner of
55	55	the telephone or device; or
56	56	(B) if the officer is unable to identify the
57	57	owner of the telephone or device from a search conducted under
58	58	Paragraph (A), limits the search to only the photographs, social
59	59	media account information, and e-mail account information
60	60	necessary to identify the owner of the telephone or device [by the
61	61	owner or possessor]; or
62	62	(3) the officer reasonably believes that:
63	63	(A) the telephone or device is in the possession
64	64	of a fugitive from justice for whom an arrest warrant has been
65	65	issued for committing a felony offense; or
66	66	(B) there exists an immediate life-threatening
67	67	situation, as defined by Section 1, Article 18.20.
68	68	(e) A peace officer must apply for a warrant to search a
69	69	cellular telephone or other wireless communications device as soon
70	70	as practicable after a search is conducted under Subsection
71	71	(d)(3)(A) or (B). If the magistrate considering the application
72	72	[judge] finds that the applicable situation under Subsection
73	73	(d)(3)(A) or (B) did not occur and declines to issue the warrant,
74	74	any evidence obtained is not admissible in a criminal action.
75	75	SECTION 2. (a) The change in law made by this Act to
76	76	Articles 18.0215(b) and (c), Code of Criminal Procedure, applies
77	77	only to a search warrant issued on or after the effective date of
78	78	this Act. A search warrant issued before the effective date of this
79	79	Act is governed by the law in effect on the date the warrant was
80	80	issued, and the former law is continued in effect for that purpose.
81	81	(b) The change in law made by this Act to Articles
82	82	18.0215(d) and (e), Code of Criminal Procedure, applies only to a
83	83	search conducted on or after the effective date of this Act. A
84	84	search conducted before the effective date of this Act is governed
85	85	by the law in effect on the date the search was conducted, and the
86	86	former law is continued in effect for that purpose.
87	87	SECTION 3. This Act takes effect September 1, 2017.