Texas 2017 - 85th Regular

Texas House Bill HB2931 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R7065 JSC-D
2		-	By: Moody H.B. No. 2931
	1	+	H.B. No. 2931
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the nonsubstantive revision of certain provisions of
8	6		the Code of Criminal Procedure, including conforming amendments.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
11	9		CODE OF CRIMINAL PROCEDURE
12	10		SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapter 18A to read as follows:
13	11		CHAPTER 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND
14	12		ELECTRONIC COMMUNICATIONS
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Art. 18A.001. DEFINITIONS
17	15		Art. 18A.002. NONAPPLICABILITY
18	16		SUBCHAPTER B. APPLICATION FOR INTERCEPTION ORDER
19	17		Art. 18A.051. JUDGE OF COMPETENT JURISDICTION
20	18		Art. 18A.052. REQUEST FOR FILING OF INTERCEPTION
21	19		APPLICATION
22	20		Art. 18A.053. JURISDICTION
23	21		Art. 18A.054. ALTERNATE JURISDICTION
24	22		Art. 18A.055. APPLICATION FOR INTERCEPTION ORDER
25	23		SUBCHAPTER C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS
26	24		Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER
27	25		MAY BE ISSUED
28	26		Art. 18A.102. JUDICIAL DETERMINATIONS REQUIRED FOR
29	27		ISSUANCE OF INTERCEPTION ORDER
30	28		Art. 18A.103. CONTENTS OF INTERCEPTION ORDER
31	29		Art. 18A.104. LIMITATION ON COVERT ENTRY
32	30		Art. 18A.105. AUTHORITY TO ISSUE CERTAIN ANCILLARY
33	31		ORDERS
34	32		Art. 18A.106. ORDER TO THIRD PARTY TO ASSIST WITH
35	33		EXECUTION OF INTERCEPTION ORDER
36	34		Art. 18A.107. DURATION OF INTERCEPTION ORDER
37	35		Art. 18A.108. EXTENSION OF INTERCEPTION ORDER
38	36		Art. 18A.109. REPORT ON NEED FOR CONTINUED
39	37		INTERCEPTION
40	38		Art. 18A.110. SUBSEQUENT CRIMINAL PROSECUTION RELATED
41	39		TO INTERCEPTION ORDER
42	40		SUBCHAPTER D. INTERCEPTION ORDER FOR COMMUNICATION BY
43	41		SPECIFIED PERSON
44	42		Art. 18A.151. REQUIREMENTS REGARDING INTERCEPTION
45	43		ORDER FOR COMMUNICATION BY SPECIFIED
46	44		PERSON
47	45		Art. 18A.152. IMPLEMENTATION OF INTERCEPTION ORDER
48	46		Art. 18A.153. MOTION TO MODIFY OR QUASH INTERCEPTION
49	47		ORDER
50	48		SUBCHAPTER E. EMERGENCY INSTALLATION AND USE OF INTERCEPTION
51	49		DEVICE
52	50		Art. 18A.201. DEFINITIONS
53	51		Art. 18A.202. POSSESSION AND USE OF INTERCEPTION
54	52		DEVICE IN EMERGENCY SITUATION
55	53		Art. 18A.203. CONSENT FOR EMERGENCY INTERCEPTION
56	54		Art. 18A.204. WRITTEN ORDER AUTHORIZING INTERCEPTION
57	55		Art. 18A.205. CERTAIN EVIDENCE NOT ADMISSIBLE
58	56		SUBCHAPTER F. DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS
59	57		COMMUNICATIONS DEVICE IN CORRECTIONAL OR DETENTION FACILITY
60	58		Art. 18A.251. DEFINITION
61	59		Art. 18A.252. USE OF INTERCEPTION DEVICE BY INSPECTOR
62	60		GENERAL
63	61		Art. 18A.253. REPORTING USE OF INTERCEPTION DEVICE
64	62		Art. 18A.254. NO EXPECTATION OF PRIVACY
65	63		SUBCHAPTER G. AGENCIES AND PERSONNEL AUTHORIZED TO POSSESS AND USE
66	64		INTERCEPTION DEVICES
67	65		Art. 18A.301. DEPARTMENT OF PUBLIC SAFETY AUTHORIZED
68	66		TO POSSESS AND USE INTERCEPTION DEVICE
69	67		Art. 18A.302. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
70	68		AUTHORIZED TO POSSESS AND USE
71	69		INTERCEPTION DEVICE
72	70		Art. 18A.303. TEXAS JUVENILE JUSTICE DEPARTMENT
73	71		AUTHORIZED TO POSSESS AND USE
74	72		INTERCEPTION DEVICE
75	73		SUBCHAPTER H. DISCLOSURE AND USE OF INTERCEPTED COMMUNICATIONS
76	74		Art. 18A.351. DISCLOSURE OR USE OF INTERCEPTED
77	75		COMMUNICATIONS
78	76		Art. 18A.352. DISCLOSURE UNDER OATH
79	77		Art. 18A.353. PRIVILEGED COMMUNICATIONS
80	78		Art. 18A.354. DISCLOSURE OR USE OF INCIDENTALLY
81	79		INTERCEPTED COMMUNICATIONS
82	80		Art. 18A.355. NOTICE AND DISCLOSURE OF INTERCEPTION
83	81		APPLICATION, INTERCEPTION ORDER, AND
84	82		INTERCEPTED COMMUNICATIONS
85	83		Art. 18A.356. NOTICE OF INTERCEPTION REQUIRED
86	84		Art. 18A.357. COMMUNICATIONS RECEIVED IN EVIDENCE
87	85		Art. 18A.358. SUPPRESSION OF CONTENTS OF INTERCEPTED
88	86		COMMUNICATIONS
89	87		SUBCHAPTER I. USE AND DISPOSITION OF APPLICATIONS AND ORDERS
90	88		Art. 18A.401. SEALING OF APPLICATION OR ORDER
91	89		Art. 18A.402. CUSTODY OF APPLICATIONS AND ORDERS
92	90		Art. 18A.403. DISCLOSURE OF APPLICATION OR ORDER
93	91		Art. 18A.404. DESTRUCTION OF APPLICATION OR ORDER
94	92		SUBCHAPTER J. CREATION, USE, AND DISPOSITION OF RECORDINGS
95	93		Art. 18A.451. CREATION OF RECORDINGS
96	94		Art. 18A.452. DUPLICATION OF RECORDINGS
97	95		Art. 18A.453. SEALING AND CUSTODY OF RECORDINGS
98	96		Art. 18A.454. DESTRUCTION OF RECORDINGS
99	97		Art. 18A.455. PREREQUISITE FOR USE OR DISCLOSURE OF
100	98		RECORDING IN CERTAIN PROCEEDINGS
101	99		SUBCHAPTER K. VIOLATION; SANCTIONS
102	100		Art. 18A.501. CONTEMPT
103	101		Art. 18A.502. RECOVERY OF CIVIL DAMAGES BY AGGRIEVED
104	102		PERSON
105	103		Art. 18A.503. ACTION BROUGHT BY FEDERAL OR STATE
106	104		GOVERNMENT; INJUNCTION; PENALTIES
107	105		Art. 18A.504. GOOD FAITH DEFENSE AVAILABLE
108	106		Art. 18A.505. NO CAUSE OF ACTION
109	107		SUBCHAPTER L. REPORTS
110	108		Art. 18A.551. REPORT OF INTERCEPTED COMMUNICATIONS BY
111	109		JUDGE
112	110		Art. 18A.552. REPORT OF INTERCEPTED COMMUNICATIONS BY
113	111		PROSECUTOR
114	112		Art. 18A.553. REPORT OF INTERCEPTED COMMUNICATIONS BY
115	113		DEPARTMENT OF PUBLIC SAFETY
116	114		CHAPTER 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND
117	115		ELECTRONIC COMMUNICATIONS
118	116		SUBCHAPTER A. GENERAL PROVISIONS
119	117		Art. 18A.001. DEFINITIONS. In this chapter:
120	118		(1) "Access," "computer," "computer network,"
121	119		"computer system," and "effective consent" have the meanings
122	120		assigned by Section 33.01, Penal Code.
123	121		(2) "Aggrieved person" means a person who was a party
124	122		to an intercepted wire, oral, or electronic communication or a
125	123		person against whom the interception was directed.
126	124		(3) "Aural transfer" means a transfer containing the
127	125		human voice at any point between and including the point of origin
128	126		and the point of reception.
129	127		(4) "Communication common carrier" means a person
130	128		engaged as a common carrier for hire in the transmission of wire or
131	129		electronic communications.
132	130		(5) "Computer trespasser" means a person who accesses
133	131		a protected computer without effective consent of the owner and has
134	132		no reasonable expectation of privacy in a communication transmitted
135	133		to, through, or from the protected computer. The term does not
136	134		include a person who accesses the protected computer under an
137	135		existing contractual relationship with the owner or operator of the
138	136		computer.
139	137		(6) "Contents," with respect to a wire, oral, or
140	138		electronic communication, includes any information concerning the
141	139		substance, purport, or meaning of that communication.
142	140		(7) "Covert entry" means an entry that is made into or
143	141		onto premises and that, if not authorized by a court order under
144	142		this chapter, would violate the Penal Code.
145	143		(8) "Department" means the Department of Public Safety
146	144		of the State of Texas.
147	145		(9) "Director" means:
148	146		(A) the public safety director of the department;
149	147		or
150	148		(B) if the public safety director is absent or
151	149		unable to serve, the assistant director of the department.
152	150		(10) "Electronic communication" means a transfer of
153	151		any signs, signals, writing, images, sounds, data, or intelligence
154	152		transmitted wholly or partly by a wire, radio, electromagnetic,
155	153		photoelectronic, or photo-optical system. The term does not
156	154		include:
157	155		(A) a wire or oral communication;
158	156		(B) a communication made through a tone-only
159	157		paging device; or
160	158		(C) a communication from a tracking device.
161	159		(11) "Electronic communications service" means a
162	160		service that provides to users of the service the ability to send or
163	161		receive wire or electronic communications.
164	162		(12) "ESN reader," "pen register," and "trap and trace
165	163		device" have the meanings assigned by Article 18B.001.
166	164		(13) "Intercept" means the aural or other acquisition
167	165		of the contents of a wire, oral, or electronic communication
168	166		through the use of an interception device.
169	167		(14) "Interception device" means an electronic,
170	168		mechanical, or other device that may be used for the nonconsensual
171	169		interception of wire, oral, or electronic communications. The term
172	170		does not include a telephone or telegraph instrument, the equipment
173	171		or a facility used for the transmission of electronic
174	172		communications, or a component of the equipment or a facility used
175	173		for the transmission of electronic communications if the
176	174		instrument, equipment, facility, or component is:
177	175		(A) provided to a subscriber or user by a
178	176		provider of a wire or electronic communications service in the
179	177		ordinary course of the service provider's business and used by the
180	178		subscriber or user in the ordinary course of the subscriber's or
181	179		user's business;
182	180		(B) provided by a subscriber or user for
183	181		connection to the facilities of a wire or electronic communications
184	182		service for use in the ordinary course of the subscriber's or user's
185	183		business;
186	184		(C) used by a communication common carrier in the
187	185		ordinary course of the carrier's business; or
188	186		(D) used by an investigative or law enforcement
189	187		officer in the ordinary course of the officer's duties.
190	188		(15) "Interception order" means an order authorizing
191	189		the interception of a wire, oral, or electronic communication.
192	190		(16) "Investigative or law enforcement officer"
193	191		means:
194	192		(A) an officer of this state or a political
195	193		subdivision of this state who is authorized by law to investigate or
196	194		make arrests for offenses described by Article 18A.101; or
197	195		(B) an attorney authorized by law to prosecute or
198	196		participate in the prosecution of those offenses.
199	197		(17) "Judge of competent jurisdiction" means a judge
200	198		described by Article 18A.051.
201	199		(18) "Mobile tracking device" has the meaning assigned
202	200		by Article 18B.201.
203	201		(19) "Oral communication" means a communication
204	202		uttered by a person exhibiting an expectation that the
205	203		communication is not subject to interception under circumstances
206	204		justifying that expectation. The term does not include an
207	205		electronic communication.
208	206		(20) "Prosecutor" means a district attorney, criminal
209	207		district attorney, or county attorney performing the duties of a
210	208		district attorney, with jurisdiction in the county within an
211	209		administrative judicial region described by Article 18A.053.
212	210		(21) "Protected computer" means a computer, computer
213	211		network, or computer system that is:
214	212		(A) owned by a financial institution or
215	213		governmental entity; or
216	214		(B) used by or for a financial institution or
217	215		governmental entity, if conduct constituting an offense affects
218	216		that use.
219	217		(22) "Residence" means a structure or the portion of a
220	218		structure used as a person's home or fixed place of habitation to
221	219		which the person indicates an intent to return after a temporary
222	220		absence.
223	221		(23) "User" means a person who uses an electronic
224	222		communications service and is authorized by the service provider to
225	223		use the service.
226	224		(24) "Wire communication" means an aural transfer made
227	225		wholly or partly through the use of facilities for the transmission
228	226		of communications by the aid of wire, cable, or other similar
229	227		connection between the point of origin and the point of reception,
230	228		including the use of the connection in a switching station, if those
231	229		facilities are provided or operated by a person authorized to
232	230		provide or operate the facilities for the transmission of
233	231		communications as a communication common carrier. (Code Crim.
234	232		Proc., Art. 18.20, Secs. 1(1), (2), (3), (4), (5), (6), (7) (part),
235	233		(8), (9), (10), (11), (12), (13), (14), (15), (16), (18), (21),
236	234		(24), (25), (26); New.)
237	235		Art. 18A.002. NONAPPLICABILITY. This chapter does not
238	236		apply to conduct described as an affirmative defense under Section
239	237		16.02(c), Penal Code, except as otherwise specifically provided by
240	238		that section. (Code Crim. Proc., Art. 18.20, Sec. 17.)
241	239		SUBCHAPTER B. APPLICATION FOR INTERCEPTION ORDER
242	240		Art. 18A.051. JUDGE OF COMPETENT JURISDICTION. (a) For
243	241		purposes of this chapter, a judge of competent jurisdiction is a
244	242		judge from the panel of nine active district judges with criminal
245	243		jurisdiction who is appointed by the presiding judge of the court of
246	244		criminal appeals under this article.
247	245		(b) The presiding judge of the court of criminal appeals, by
248	246		order filed with the clerk of that court, shall appoint one district
249	247		judge from each of the administrative judicial regions of this
250	248		state to serve at the presiding judge's pleasure as the judge of
251	249		competent jurisdiction in that administrative judicial region.
252	250		(c) The presiding judge shall fill vacancies as those
253	251		vacancies occur in the same manner. (Code Crim. Proc., Art. 18.20,
254	252		Secs. 1(7), 3(a).)
255	253		Art. 18A.052. REQUEST FOR FILING OF INTERCEPTION
256	254		APPLICATION. (a) The director may, based on written affidavits,
257	255		request in writing that a prosecutor apply for an interception
258	256		order.
259	257		(b) The head of a local law enforcement agency or, if the
260	258		head of the agency is absent or unable to serve, the acting head of
261	259		the local law enforcement agency may, based on written affidavits,
262	260		request in writing that a prosecutor apply for an interception
263	261		order.
264	262		(c) Before making a request under Subsection (b), the head
265	263		of a local law enforcement agency must submit the request and
266	264		supporting affidavits to the director. The director shall make a
267	265		written finding as to whether the request and supporting affidavits
268	266		establish that other investigative procedures have been attempted
269	267		and have failed or those procedures reasonably appear unlikely to
270	268		succeed or to be too dangerous if attempted, is feasible, is
271	269		justifiable, and whether the department has the necessary resources
272	270		available.
273	271		(d) A prosecutor may file the application requested under
274	272		Subsection (b) only after a written positive finding by the
275	273		director on all of the requirements provided by Subsection (c).
276	274		(Code Crim. Proc., Art. 18.20, Sec. 6.)
277	275		Art. 18A.053. JURISDICTION. Except as provided by Article
278	276		18A.054, a judge of competent jurisdiction may act on an
279	277		application for an interception order if any of the following is
280	278		located in the administrative judicial region with respect to which
281	279		the judge is appointed:
282	280		(1) the site of:
283	281		(A) the proposed interception; or
284	282		(B) the interception device to be installed or
285	283		monitored;
286	284		(2) the communication device to be intercepted;
287	285		(3) the billing, residential, or business address of
288	286		the subscriber to the electronic communications service to be
289	287		intercepted;
290	288		(4) the headquarters of the law enforcement agency
291	289		that makes the request for or will execute the interception order;
292	290		or
293	291		(5) the headquarters of the service provider. (Code
294	292		Crim. Proc., Art. 18.20, Sec. 3(b).)
295	293		Art. 18A.054. ALTERNATE JURISDICTION. (a) An application
296	294		for an interception order may be made to the judge of competent
297	295		jurisdiction in an administrative judicial region adjacent to a
298	296		region described by Article 18A.053 if:
299	297		(1) the judge of competent jurisdiction for the
300	298		administrative judicial region described by Article 18A.053 is
301	299		absent or unable to serve; or
302	300		(2) exigent circumstances exist.
303	301		(b) Exigent circumstances under Subsection (a)(2) do not
304	302		include a denial of a previous application on the same facts and
305	303		circumstances. (Code Crim. Proc., Art. 18.20, Secs. 3(b) (part),
306	304		(c) (part).)
307	305		Art. 18A.055. APPLICATION FOR INTERCEPTION ORDER. (a) A
308	306		prosecutor applying for an interception order must make the
309	307		application in writing under oath to a judge of competent
310	308		jurisdiction.
311	309		(b) An application must:
312	310		(1) identify the prosecutor making the application and
313	311		state the prosecutor's authority to make the application;
314	312		(2) identify the officer requesting the application;
315	313		(3) include a complete statement of the facts and
316	314		circumstances relied on by the prosecutor to justify the
317	315		prosecutor's belief that an order should be issued, including:
318	316		(A) details about the particular offense that has
319	317		been, is being, or is about to be committed;
320	318		(B) except as otherwise provided by this chapter,
321	319		a particular description of the nature and location of the
322	320		facilities from which or the place where the communication is to be
323	321		intercepted;
324	322		(C) a particular description of the type of
325	323		communication sought to be intercepted; and
326	324		(D) the identity of the person, if known,
327	325		committing the offense and whose communications are to be
328	326		intercepted;
329	327		(4) include a complete statement as to whether other
330	328		investigative procedures have been attempted and have failed or why
331	329		those procedures reasonably appear to be unlikely to succeed or to
332	330		be too dangerous if attempted;
333	331		(5) include a statement of the period for which the
334	332		interception is required to be maintained and, if the nature of the
335	333		investigation indicates that the interception order should not
336	334		automatically terminate when the described type of communication is
337	335		first obtained, a particular description of facts establishing
338	336		probable cause to believe that additional communications of the
339	337		same type will occur after the described type of communication is
340	338		obtained;
341	339		(6) include a statement whether a covert entry will be
342	340		necessary to properly and safely install wiretapping, electronic
343	341		surveillance, or eavesdropping equipment and, if a covert entry is
344	342		requested, a statement as to why a covert entry is necessary and
345	343		proper under the facts of the particular investigation, including a
346	344		complete statement as to whether other investigative techniques
347	345		have been attempted and have failed or why those techniques
348	346		reasonably appear to be unlikely to succeed or to be too dangerous
349	347		if attempted or are not feasible under the circumstances or
350	348		exigencies of time;
351	349		(7) include a complete statement of the facts
352	350		concerning all applications known to the prosecutor that have been
353	351		previously made to a judge for an interception order involving any
354	352		persons, facilities, or places specified in the application and of
355	353		the action taken by the judge on each application;
356	354		(8) if the application is for the extension of an
357	355		order, include a statement providing the results already obtained
358	356		from the interception or a reasonable explanation of the failure to
359	357		obtain results; and
360	358		(9) if the application is made under Article 18A.054,
361	359		fully explain the circumstances justifying application under that
362	360		article.
363	361		(c) In an ex parte hearing in chambers, the judge may
364	362		require additional testimony or documentary evidence to support the
365	363		application. The testimony or documentary evidence must be
366	364		preserved as part of the application. (Code Crim. Proc., Art.
367	365		18.20, Secs. 3(c) (part), 8.)
368	366		SUBCHAPTER C. ISSUANCE OF INTERCEPTION ORDER AND RELATED ORDERS
369	367		Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
370	368		ISSUED. A judge of competent jurisdiction may issue an
371	369		interception order only if the prosecutor applying for the order
372	370		shows probable cause to believe that the interception will provide
373	371		evidence of the commission of:
374	372		(1) a felony under any of the following provisions of
375	373		the Health and Safety Code:
376	374		(A) Chapter 481, other than felony possession of
377	375		marihuana;
378	376		(B) Chapter 483; or
379	377		(C) Section 485.032;
380	378		(2) an offense under any of the following provisions
381	379		of the Penal Code:
382	380		(A) Section 19.02;
383	381		(B) Section 19.03;
384	382		(C) Section 20.03;
385	383		(D) Section 20.04;
386	384		(E) Chapter 20A;
387	385		(F) Chapter 34, if the criminal activity giving
388	386		rise to the proceeds involves the commission of an offense under
389	387		Title 5, Penal Code, or an offense under federal law or the laws of
390	388		another state containing elements that are substantially similar to
391	389		the elements of an offense under Title 5;
392	390		(G) Section 38.11;
393	391		(H) Section 43.04;
394	392		(I) Section 43.05; or
395	393		(J) Section 43.26; or
396	394		(3) an attempt, conspiracy, or solicitation to commit
397	395		an offense listed in Subdivision (1) or (2). (Code Crim. Proc., Art.
398	396		18.20, Sec. 4.)
399	397		Art. 18A.102. JUDICIAL DETERMINATIONS REQUIRED FOR
400	398		ISSUANCE OF INTERCEPTION ORDER. On receipt of an application under
401	399		Subchapter B, the judge may issue an ex parte interception order, as
402	400		requested or as modified, if the judge determines from the evidence
403	401		submitted by the prosecutor that:
404	402		(1) there is probable cause to believe that a person is
405	403		committing, has committed, or is about to commit a particular
406	404		offense described by Article 18A.101;
407	405		(2) there is probable cause to believe that particular
408	406		communications concerning that offense will be obtained through the
409	407		interception;
410	408		(3) normal investigative procedures have been
411	409		attempted and have failed or reasonably appear to be unlikely to
412	410		succeed or to be too dangerous if attempted;
413	411		(4) there is probable cause to believe that the
414	412		facilities from which or the place where the wire, oral, or
415	413		electronic communications are to be intercepted is being used or is
416	414		about to be used in connection with the commission of an offense or
417	415		is leased to, listed in the name of, or commonly used by the person;
418	416		and
419	417		(5) a covert entry is or is not necessary to properly
420	418		and safely install the wiretapping, electronic surveillance, or
421	419		eavesdropping equipment. (Code Crim. Proc., Art. 18.20, Sec. 9(a).)
422	420		Art. 18A.103. CONTENTS OF INTERCEPTION ORDER. (a) An
423	421		interception order must specify:
424	422		(1) the identity of the person, if known, whose
425	423		communications are to be intercepted;
426	424		(2) except as otherwise provided by this chapter, the
427	425		nature and location of the communications facilities as to which or
428	426		the place where authority to intercept is granted;
429	427		(3) a particular description of the type of
430	428		communication sought to be intercepted and a statement of the
431	429		particular offense to which the communication relates;
432	430		(4) the identity of the officer making the request and
433	431		the identity of the prosecutor;
434	432		(5) the period during which the interception is
435	433		authorized, including a statement of whether the interception will
436	434		automatically terminate when the described communication is first
437	435		obtained; and
438	436		(6) whether a covert entry or surreptitious entry is
439	437		necessary to properly and safely install wiretapping, electronic
440	438		surveillance, or eavesdropping equipment.
441	439		(b) Each interception order and extension of that order must
442	440		provide that the authorization to intercept be executed as soon as
443	441		practicable, be conducted in a way that minimizes the interception
444	442		of communications not otherwise subject to interception under this
445	443		chapter, and terminate on obtaining the authorized objective or
446	444		within 30 days, whichever occurs sooner.
447	445		(c) For purposes of Subsection (b), if the intercepted
448	446		communication is in code or a foreign language and an expert in that
449	447		code or language is not reasonably available during the period of
450	448		interception, minimization may be accomplished as soon as
451	449		practicable after the interception. (Code Crim. Proc., Art. 18.20,
452	450		Secs. 9(b), (d) (part).)
453	451		Art. 18A.104. LIMITATION ON COVERT ENTRY. (a) An
454	452		interception order may not authorize a covert entry for the purpose
455	453		of intercepting an oral communication unless:
456	454		(1) the judge, in addition to making the
457	455		determinations required under Article 18A.102, determines:
458	456		(A) that:
459	457		(i) the premises into or onto which the
460	458		covert entry is authorized or the person whose communications are
461	459		to be obtained has been the subject of a pen register previously
462	460		authorized in connection with the same investigation;
463	461		(ii) the premises into or onto which the
464	462		covert entry is authorized or the person whose communications are
465	463		to be obtained has been the subject of an interception of wire or
466	464		electronic communications previously authorized in connection with
467	465		the same investigation; and
468	466		(iii) the procedures under Subparagraphs
469	467		(i) and (ii) have failed; or
470	468		(B) that the procedures under Paragraph (A)
471	469		reasonably appear to be unlikely to succeed or to be too dangerous
472	470		if attempted or are not feasible under the circumstances or
473	471		exigencies of time; and
474	472		(2) the interception order, in addition to the matters
475	473		required to be specified under Article 18A.103(a), specifies that:
476	474		(A) the covert entry is for the purpose of
477	475		intercepting oral communications of two or more persons; and
478	476		(B) there is probable cause to believe that the
479	477		persons described by Paragraph (A) are committing, have committed,
480	478		or are about to commit a particular offense described by Article
481	479		18A.101.
482	480		(b) An interception order may not authorize a covert entry
483	481		into a residence solely for the purpose of intercepting a wire or
484	482		electronic communication. (Code Crim. Proc., Art. 18.20, Secs.
485	483		9(e), (f).)
486	484		Art. 18A.105. AUTHORITY TO ISSUE CERTAIN ANCILLARY ORDERS.
487	485		An interception order may include an order to:
488	486		(1) install or use a pen register, ESN reader, trap and
489	487		trace device, or mobile tracking device or similar equipment that
490	488		combines the function of a pen register and trap and trace device;
491	489		or
492	490		(2) disclose a stored communication, information
493	491		subject to an administrative subpoena, or information subject to
494	492		access under Chapter 18B. (Code Crim. Proc., Art. 18.20, Sec. 9(c)
495	493		(part).)
496	494		Art. 18A.106. ORDER TO THIRD PARTY TO ASSIST WITH EXECUTION
497	495		OF INTERCEPTION ORDER. (a) On request of the prosecutor applying
498	496		for an interception order, the judge may issue a separate order
499	497		directing a provider of a wire or electronic communications
500	498		service, communication common carrier, landlord, custodian, or
501	499		other person to provide to the prosecutor all information,
502	500		facilities, and technical assistance necessary to accomplish the
503	501		interception unobtrusively and with a minimum of interference with
504	502		the services that the service provider, carrier, landlord,
505	503		custodian, or other person is providing the person whose
506	504		communications are to be intercepted.
507	505		(b) A provider of a wire or electronic communications
508	506		service, communication common carrier, landlord, custodian, or
509	507		other person that provides facilities or technical assistance under
510	508		an order described by Subsection (a) is entitled to compensation,
511	509		at the prevailing rates, by the prosecutor for reasonable expenses
512	510		incurred in providing the facilities or assistance. (Code Crim.
513	511		Proc., Art. 18.20, Sec. 9(c) (part).)
514	512		Art. 18A.107. DURATION OF INTERCEPTION ORDER. An
515	513		interception order may not authorize the interception of a
516	514		communication for a period that:
517	515		(1) is longer than is necessary to achieve the
518	516		objective of the authorization; or
519	517		(2) exceeds 30 days. (Code Crim. Proc., Art. 18.20,
520	518		Sec. 9(d) (part).)
521	519		Art. 18A.108. EXTENSION OF INTERCEPTION ORDER. (a) A judge
522	520		who issues an interception order may grant extensions of the order.
523	521		(b) An extension of an interception order may be granted
524	522		only if:
525	523		(1) an application for an extension is made in
526	524		accordance with Article 18A.055; and
527	525		(2) the judge makes the findings required by Article
528	526		18A.102.
529	527		(c) The period of extension may not:
530	528		(1) be longer than the judge considers necessary to
531	529		achieve the purposes for which the extension is granted; or
532	530		(2) exceed 30 days. (Code Crim. Proc., Art. 18.20,
533	531		Sec. 9(d) (part).)
534	532		Art. 18A.109. REPORT ON NEED FOR CONTINUED INTERCEPTION.
535	533		(a) An interception order may require reports to the judge who
536	534		issued the order that show any progress toward achieving the
537	535		authorized objective and the need for continued interception.
538	536		(b) Reports under this article must be made at any interval
539	537		the judge requires. (Code Crim. Proc., Art. 18.20, Sec. 9(g).)
540	538		Art. 18A.110. SUBSEQUENT CRIMINAL PROSECUTION RELATED TO
541	539		INTERCEPTION ORDER. A judge who issues an interception order may
542	540		not hear a criminal prosecution in which:
543	541		(1) evidence derived from the interception may be
544	542		used; or
545	543		(2) the order may be an issue. (Code Crim. Proc., Art.
546	544		18.20, Sec. 9(h).)
547	545		SUBCHAPTER D. INTERCEPTION ORDER FOR COMMUNICATION BY
548	546		SPECIFIED PERSON
549	547		Art. 18A.151. REQUIREMENTS REGARDING INTERCEPTION ORDER
550	548		FOR COMMUNICATION BY SPECIFIED PERSON. The requirements of
551	549		Articles 18A.055(b)(3)(B) and 18A.103(a)(2) relating to the
552	550		specification of the facilities from which or the place where a
553	551		communication is to be intercepted do not apply if:
554	552		(1) in the case of an application for an interception
555	553		order that authorizes the interception of an oral communication:
556	554		(A) the application contains a complete
557	555		statement as to why the specification is not practical and
558	556		identifies the person committing or believed to be committing the
559	557		offense and whose communications are to be intercepted; and
560	558		(B) a judge of competent jurisdiction finds that
561	559		the specification is not practical; or
562	560		(2) in the case of an application for an interception
563	561		order that authorizes the interception of a wire or electronic
564	562		communication:
565	563		(A) the application identifies the person
566	564		committing or believed to be committing the offense and whose
567	565		communications are to be intercepted;
568	566		(B) a judge of competent jurisdiction finds that
569	567		the prosecutor has made an adequate showing of probable cause to
570	568		believe that the actions of the person identified in the
571	569		application could have the effect of preventing interception from a
572	570		specified facility; and
573	571		(C) the authority to intercept a wire or
574	572		electronic communication under the interception order is limited to
575	573		a period in which it is reasonable to presume that the person
576	574		identified in the application will be reasonably proximate to the
577	575		interception device. (Code Crim. Proc., Art. 18.20, Sec. 9A(a).)
578	576		Art. 18A.152. IMPLEMENTATION OF INTERCEPTION ORDER. A
579	577		person implementing an interception order that authorizes the
580	578		interception of an oral communication and that, as permitted by
581	579		this subchapter, does not specify the facility from which or the
582	580		place where a communication is to be intercepted may begin
583	581		interception only after the person ascertains the place where the
584	582		communication is to be intercepted. (Code Crim. Proc., Art. 18.20,
585	583		Sec. 9A(b).)
586	584		Art. 18A.153. MOTION TO MODIFY OR QUASH INTERCEPTION ORDER.
587	585		(a) A provider of a wire or electronic communications service that
588	586		receives an interception order that authorizes the interception of
589	587		a wire or electronic communication and that, as permitted by this
590	588		subchapter, does not specify the facility from which or the place
591	589		where a communication is to be intercepted may move the court to
592	590		modify or quash the order on the ground that the service provider's
593	591		assistance with respect to the interception cannot be performed in
594	592		a timely or reasonable manner.
595	593		(b) On notice to the state, the court shall decide the
596	594		motion expeditiously. (Code Crim. Proc., Art. 18.20, Sec. 9A(c).)
597	595		SUBCHAPTER E. EMERGENCY INSTALLATION AND USE OF INTERCEPTION
598	596		DEVICE
599	597		Art. 18A.201. DEFINITIONS. In this subchapter:
600	598		(1) "Immediate life-threatening situation" means a
601	599		hostage, barricade, or other emergency situation in which a person
602	600		unlawfully and directly:
603	601		(A) threatens another with death; or
604	602		(B) exposes another to a substantial risk of
605	603		serious bodily injury.
606	604		(2) "Member of a law enforcement unit specially
607	605		trained to respond to and deal with life-threatening situations"
608	606		means a peace officer who, as evidenced by the submission of
609	607		appropriate documentation to the Texas Commission on Law
610	608		Enforcement:
611	609		(A) receives each year a minimum of 40 hours of
612	610		training in hostage and barricade suspect situations; or
613	611		(B) has received a minimum of 24 hours of
614	612		training on kidnapping investigations and is:
615	613		(i) the sheriff of a county with a
616	614		population of 3.3 million or more or the sheriff's designee; or
617	615		(ii) the police chief of a police
618	616		department in a municipality with a population of 500,000 or more or
619	617		the chief's designee. (Code Crim. Proc., Art. 18.20, Secs. 1(22),
620	618		(23).)
621	619		Art. 18A.202. POSSESSION AND USE OF INTERCEPTION DEVICE IN
622	620		EMERGENCY SITUATION. (a) The prosecutor in a county in which an
623	621		interception device is to be installed or used shall designate in
624	622		writing each peace officer in the county, other than a commissioned
625	623		officer of the department, who is:
626	624		(1) a member of a law enforcement unit specially
627	625		trained to respond to and deal with life-threatening situations;
628	626		and
629	627		(2) authorized to possess an interception device and
630	628		responsible for the installation, operation, and monitoring of the
631	629		device in an immediate life-threatening situation.
632	630		(b) A peace officer designated under Subsection (a) or
633	631		Article 18A.301(c) may possess, install, operate, or monitor an
634	632		interception device if the officer:
635	633		(1) reasonably believes an immediate life-threatening
636	634		situation exists that:
637	635		(A) is within the territorial jurisdiction of the
638	636		officer or another officer the officer is assisting; and
639	637		(B) requires interception of communications
640	638		before an interception order can, with due diligence, be obtained
641	639		under this subchapter;
642	640		(2) reasonably believes there are sufficient grounds
643	641		under this subchapter on which to obtain an interception order; and
644	642		(3) before beginning the interception, obtains oral or
645	643		written consent to the interception from:
646	644		(A) a judge of competent jurisdiction;
647	645		(B) a district judge for the county in which the
648	646		device will be installed or used; or
649	647		(C) a judge or justice of a court of appeals or of
650	648		a higher court.
651	649		(c) If a peace officer installs or uses an interception
652	650		device under Subsection (b), the officer shall:
653	651		(1) promptly report the installation or use to the
654	652		prosecutor in the county in which the device is installed or used;
655	653		and
656	654		(2) within 48 hours after the installation is complete
657	655		or the interception begins, whichever occurs first, obtain a
658	656		written interception order from a judge of competent jurisdiction.
659	657		(d) A peace officer may certify to a communication common
660	658		carrier that the officer is acting lawfully under this subchapter.
661	659		(Code Crim. Proc., Art. 18.20, Secs. 8A(a), (b), (d), (g).)
662	660		Art. 18A.203. CONSENT FOR EMERGENCY INTERCEPTION. (a) An
663	661		official described by Article 18A.202(b)(3) may give oral or
664	662		written consent to the interception of communications under this
665	663		subchapter to provide evidence of the commission of a felony, or of
666	664		a threat, attempt, or conspiracy to commit a felony, in an immediate
667	665		life-threatening situation.
668	666		(b) Oral or written consent given under this subchapter
669	667		expires on the earlier of:
670	668		(1) 48 hours after the grant of consent; or
671	669		(2) the conclusion of the emergency justifying the
672	670		interception. (Code Crim. Proc., Art. 18.20, Sec. 8A(c).)
673	671		Art. 18A.204. WRITTEN ORDER AUTHORIZING INTERCEPTION. (a)
674	672		A judge of competent jurisdiction under Article 18A.051 or under
675	673		Article 18A.202(b) may issue a written interception order under
676	674		this subchapter during the 48-hour period prescribed by Article
677	675		18A.202(c)(2).
678	676		(b) A written interception order under this subchapter
679	677		expires on the earlier of:
680	678		(1) the 30th day after the date of execution of the
681	679		order; or
682	680		(2) the conclusion of the emergency that initially
683	681		justified the interception.
684	682		(c) If an interception order is denied or is not issued
685	683		within the 48-hour period, the officer shall terminate use of and
686	684		remove the interception device promptly on the earlier of:
687	685		(1) the denial;
688	686		(2) the end of the emergency that initially justified
689	687		the interception; or
690	688		(3) the expiration of 48 hours. (Code Crim. Proc.,
691	689		Art. 18.20, Sec. 8A(e).)
692	690		Art. 18A.205. CERTAIN EVIDENCE NOT ADMISSIBLE. The state
693	691		may not use as evidence in a criminal proceeding information gained
694	692		through the use of an interception device installed under this
695	693		subchapter if authorization for the device is not sought or is
696	694		sought but not obtained. (Code Crim. Proc., Art. 18.20,
697	695		Secs. 8A(b) (part), (f).)
698	696		SUBCHAPTER F. DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS
699	697		COMMUNICATIONS DEVICE IN CORRECTIONAL OR DETENTION FACILITY
700	698		Art. 18A.251. DEFINITION. In this subchapter,
701	699		"correctional facility" means:
702	700		(1) a place described by Section 1.07(a)(14), Penal
703	701		Code; or
704	702		(2) a "secure correctional facility" or "secure
705	703		detention facility" as defined by Section 51.02, Family Code. (Code
706	704		Crim. Proc., Art. 18.20, Sec. 8B(a).)
707	705		Art. 18A.252. USE OF INTERCEPTION DEVICE BY INSPECTOR
708	706		GENERAL. (a) Notwithstanding any other provision of this chapter
709	707		or Chapter 18B, the office of inspector general of the Texas
710	708		Department of Criminal Justice may:
711	709		(1) without a warrant, use an interception device to
712	710		detect the presence or use of a cellular telephone or other wireless
713	711		communications device in a correctional facility;
714	712		(2) without a warrant, intercept, monitor, detect, or,
715	713		as authorized by applicable federal laws and regulations, prevent
716	714		the transmission of a communication through a cellular telephone or
717	715		other wireless communications device in a correctional facility;
718	716		and
719	717		(3) use, to the extent authorized by law, any
720	718		information obtained under Subdivision (2), including the contents
721	719		of an intercepted communication, in a criminal or civil proceeding
722	720		before a court or other governmental agency or entity.
723	721		(b) When using an interception device under Subsection (a),
724	722		the office of inspector general shall minimize the impact of the
725	723		device on a communication that is not reasonably related to the
726	724		detection of the presence or use of a cellular telephone or other
727	725		wireless communications device in a correctional facility. (Code
728	726		Crim. Proc., Art. 18.20, Secs. 8B(b), (d).)
729	727		Art. 18A.253. REPORTING USE OF INTERCEPTION DEVICE. Not
730	728		later than the 30th day after the date on which the office of
731	729		inspector general uses an interception device under Article
732	730		18A.252(a), the inspector general shall report the use of the
733	731		device to:
734	732		(1) a prosecutor with jurisdiction in the county in
735	733		which the device was used; or
736	734		(2) the special prosecution unit established under
737	735		Subchapter E, Chapter 41, Government Code, if that unit has
738	736		jurisdiction in the county in which the device was used. (Code
739	737		Crim. Proc., Art. 18.20, Sec. 8B(c).)
740	738		Art. 18A.254. NO EXPECTATION OF PRIVACY. (a) A person
741	739		confined in a correctional facility does not have an expectation of
742	740		privacy with respect to the possession or use of a cellular
743	741		telephone or other wireless communications device located on the
744	742		premises of the facility.
745	743		(b) A person confined in a correctional facility, and any
746	744		person with whom the confined person communicates through the use
747	745		of a cellular telephone or other wireless communications device,
748	746		does not have an expectation of privacy with respect to the contents
749	747		of a communication transmitted by the telephone or device. (Code
750	748		Crim. Proc., Art. 18.20, Sec. 8B(e).)
751	749		SUBCHAPTER G. AGENCIES AND PERSONNEL AUTHORIZED TO POSSESS AND USE
752	750		INTERCEPTION DEVICES
753	751		Art. 18A.301. DEPARTMENT OF PUBLIC SAFETY AUTHORIZED TO
754	752		POSSESS AND USE INTERCEPTION DEVICE. (a) Except as otherwise
755	753		provided by this subchapter and Subchapters E and F, only the
756	754		department is authorized by this chapter to own, possess, install,
757	755		operate, or monitor an interception device.
758	756		(b) An investigative or law enforcement officer or other
759	757		person may assist the department in the operation and monitoring of
760	758		an interception of wire, oral, or electronic communications if the
761	759		officer or other person:
762	760		(1) is designated by the director for that purpose;
763	761		and
764	762		(2) acts in the presence and under the direction of a
765	763		commissioned officer of the department.
766	764		(c) The director shall designate in writing the
767	765		commissioned officers of the department who are responsible for the
768	766		possession, installation, operation, and monitoring of
769	767		interception devices for the department. (Code Crim. Proc.,
770	768		Art. 18.20, Secs. 5(a), (b).)
771	769		Art. 18A.302. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
772	770		AUTHORIZED TO POSSESS AND USE INTERCEPTION DEVICE. (a) The Texas
773	771		Department of Criminal Justice may own an interception device for a
774	772		use or purpose authorized by Section 500.008, Government Code.
775	773		(b) The inspector general of the Texas Department of
776	774		Criminal Justice, a commissioned officer of that office, or a
777	775		person acting in the presence and under the direction of the
778	776		commissioned officer may possess, install, operate, or monitor the
779	777		interception device as provided by Section 500.008, Government
780	778		Code. (Code Crim. Proc., Art. 18.20, Sec. 5(c).)
781	779		Art. 18A.303. TEXAS JUVENILE JUSTICE DEPARTMENT AUTHORIZED
782	780		TO POSSESS AND USE INTERCEPTION DEVICE. (a) The Texas Juvenile
783	781		Justice Department may own an interception device for a use or
784	782		purpose authorized by Section 242.103, Human Resources Code.
785	783		(b) The inspector general of the Texas Juvenile Justice
786	784		Department, a commissioned officer of that office, or a person
787	785		acting in the presence and under the direction of the commissioned
788	786		officer may possess, install, operate, or monitor the interception
789	787		device as provided by Section 242.103, Human Resources Code. (Code
790	788		Crim. Proc., Art. 18.20, Sec. 5(d).)
791	789		SUBCHAPTER H. DISCLOSURE AND USE OF INTERCEPTED COMMUNICATIONS
792	790		Art. 18A.351. DISCLOSURE OR USE OF INTERCEPTED
793	791		COMMUNICATIONS. An investigative or law enforcement officer who,
794	792		by means authorized by this chapter, obtains knowledge of the
795	793		contents of a wire, oral, or electronic communication or evidence
796	794		derived from the communication may:
797	795		(1) use the contents or evidence to the extent the use
798	796		is appropriate to the proper performance of the officer's official
799	797		duties; or
800	798		(2) disclose the contents or evidence to another
801	799		investigative or law enforcement officer, including a law
802	800		enforcement officer or agent of the United States or of another
803	801		state, to the extent that the disclosure is appropriate to the
804	802		proper performance of the official duties of the officer making or
805	803		receiving the disclosure. (Code Crim. Proc., Art. 18.20,
806	804		Secs. 7(a), (b).)
807	805		Art. 18A.352. DISCLOSURE UNDER OATH. A person who
808	806		receives, by means authorized by this chapter, information
809	807		concerning a wire, oral, or electronic communication or evidence
810	808		derived from a communication intercepted in accordance with this
811	809		chapter may disclose the contents of that communication or evidence
812	810		while giving testimony under oath in any proceeding held under the
813	811		authority of the United States, this state, or a political
814	812		subdivision of this state. (Code Crim. Proc., Art. 18.20,
815	813		Sec. 7(c).)
816	814		Art. 18A.353. PRIVILEGED COMMUNICATIONS. (a) An otherwise
817	815		privileged wire, oral, or electronic communication intercepted in
818	816		accordance with, or in violation of, this chapter does not lose its
819	817		privileged character.
820	818		(b) Evidence derived from a privileged communication
821	819		described by Subsection (a) against a party to that communication
822	820		is privileged. (Code Crim. Proc., Art. 18.20, Sec. 7(d).)
823	821		Art. 18A.354. DISCLOSURE OR USE OF INCIDENTALLY INTERCEPTED
824	822		COMMUNICATIONS. (a) This article applies only to the contents of
825	823		and evidence derived from wire, oral, or electronic communications
826	824		that:
827	825		(1) are intercepted by an investigative or law
828	826		enforcement officer while engaged in intercepting wire, oral, or
829	827		electronic communications in a manner authorized by this chapter;
830	828		and
831	829		(2) relate to offenses other than those specified by
832	830		the interception order.
833	831		(b) The contents of and evidence derived from a
834	832		communication described by Subsection (a) may be disclosed or used
835	833		as provided by Article 18A.351.
836	834		(c) The contents of and evidence derived from a
837	835		communication described by Subsection (a) may be used under Article
838	836		18A.352 when authorized by a judge of competent jurisdiction if the
839	837		judge finds, on subsequent application, that the contents were
840	838		otherwise intercepted in accordance with this chapter.
841	839		(d) An application under Subsection (c) must be made as soon
842	840		as practicable. (Code Crim. Proc., Art. 18.20, Sec. 7(e).)
843	841		Art. 18A.355. NOTICE AND DISCLOSURE OF INTERCEPTION
844	842		APPLICATION, INTERCEPTION ORDER, AND INTERCEPTED COMMUNICATIONS.
845	843		(a) Within a reasonable period but not later than the 90th day
846	844		after the date an application for an interception order is denied or
847	845		after the date an interception order or the last extension, if any,
848	846		expires, the judge who granted or denied the application shall
849	847		cause to be served on each person named in the order or application
850	848		and any other party to an intercepted communication, if any, an
851	849		inventory that must include notice of:
852	850		(1) the application or the issuance of the order;
853	851		(2) the date of denial of the application, or the date
854	852		of the issuance of the order and the authorized interception
855	853		period; and
856	854		(3) whether during any authorized interception period
857	855		wire, oral, or electronic communications were intercepted.
858	856		(b) The judge may, on motion, make available for inspection
859	857		to a person or the person's counsel any portion of an intercepted
860	858		communication, application, or order that the judge determines to
861	859		disclose to that person in the interest of justice.
862	860		(c) On an ex parte showing of good cause to the judge, the
863	861		serving of the inventory required under Subsection (a) may be
864	862		postponed.
865	863		(d) Evidence derived from an order under this chapter may
866	864		not be disclosed in a trial until after the inventory has been
867	865		served. (Code Crim. Proc., Art. 18.20, Sec. 13.)
868	866		Art. 18A.356. NOTICE OF INTERCEPTION REQUIRED. (a) The
869	867		contents of an intercepted wire, oral, or electronic communication
870	868		or evidence derived from the communication may not be received in
871	869		evidence or otherwise disclosed in a trial, hearing, or other
872	870		proceeding in a federal or state court unless each party, not later
873	871		than the 10th day before the date of the trial, hearing, or other
874	872		proceeding, has been provided with a copy of the interception order
875	873		and application under which the interception was authorized.
876	874		(b) The judge may waive the 10-day period described by
877	875		Subsection (a) on a finding that:
878	876		(1) it is not possible to provide the party with the
879	877		information 10 days before the trial, hearing, or proceeding; and
880	878		(2) the party will not be prejudiced by the delay in
881	879		receiving the information. (Code Crim. Proc., Art. 18.20, Sec.
882	880		14(a).)
883	881		Art. 18A.357. COMMUNICATIONS RECEIVED IN EVIDENCE. (a)
884	882		The contents of an intercepted communication and evidence derived
885	883		from the communication may be received in evidence in any trial,
886	884		hearing, or other proceeding in or before any court, grand jury,
887	885		department, officer, agency, regulatory body, legislative
888	886		committee, or other authority of the United States, this state, or a
889	887		political subdivision of this state unless:
890	888		(1) the communication was intercepted in violation of
891	889		this chapter, Section 16.02, Penal Code, or federal law; or
892	890		(2) the disclosure of the contents of the
893	891		communication or evidence derived from the communication would
894	892		violate a law described by Subdivision (1).
895	893		(b) The contents of an intercepted communication and
896	894		evidence derived from the communication may be received in a civil
897	895		trial, hearing, or other proceeding only if the civil trial,
898	896		hearing, or other proceeding arises out of a violation of a penal
899	897		law.
900	898		(c) This article does not prohibit the use or admissibility
901	899		of the contents of an intercepted communication or evidence derived
902	900		from the communication if the communication was intercepted in a
903	901		jurisdiction outside this state in compliance with the law of that
904	902		jurisdiction. (Code Crim. Proc., Art. 18.20, Sec. 2.)
905	903		Art. 18A.358. SUPPRESSION OF CONTENTS OF INTERCEPTED
906	904		COMMUNICATIONS. (a) An aggrieved person charged with an offense in
907	905		a trial, hearing, or proceeding in or before a court, department,
908	906		officer, agency, regulatory body, or other authority of the United
909	907		States, this state, or a political subdivision of this state may
910	908		move to suppress the contents of an intercepted wire, oral, or
911	909		electronic communication or evidence derived from the
912	910		communication on the ground that:
913	911		(1) the communication was unlawfully intercepted;
914	912		(2) the interception order is insufficient on its
915	913		face; or
916	914		(3) the interception was not made in conformity with
917	915		the interception order.
918	916		(b) A person identified by a party to an intercepted wire,
919	917		oral, or electronic communication during the course of that
920	918		communication may move to suppress the contents of the
921	919		communication on:
922	920		(1) a ground provided under Subsection (a); or
923	921		(2) the ground that the harm to the person resulting
924	922		from the person's identification in court exceeds the value to the
925	923		prosecution of the disclosure of the contents.
926	924		(c) The motion to suppress must be made before the trial,
927	925		hearing, or proceeding unless:
928	926		(1) there was not an opportunity to make the motion; or
929	927		(2) the aggrieved person was not aware of the grounds
930	928		of the motion.
931	929		(d) The hearing on the motion to suppress shall be held in
932	930		camera on the written request of the aggrieved person.
933	931		(e) If the motion to suppress is granted, the contents of
934	932		the intercepted wire, oral, or electronic communication and
935	933		evidence derived from the communication shall be treated as having
936	934		been obtained in violation of this chapter.
937	935		(f) The judge, on the filing of the motion to suppress by the
938	936		aggrieved person, shall make available to the aggrieved person or
939	937		the person's counsel for inspection any portion of the intercepted
940	938		communication or evidence derived from the communication that the
941	939		judge determines to make available in the interest of justice.
942	940		(g) A judge of this state, on hearing a pretrial motion
943	941		regarding conversations intercepted by wire in accordance with this
944	942		chapter, or who otherwise becomes informed that there exists on
945	943		such an intercepted wire, oral, or electronic communication
946	944		identification of a specific individual who is not a suspect or a
947	945		party to the subject of interception shall:
948	946		(1) give notice and an opportunity to be heard on the
949	947		matter of suppression of references to that individual if
950	948		identification is sufficient to give notice; or
951	949		(2) suppress references to that individual if
952	950		identification is:
953	951		(A) sufficient to potentially cause
954	952		embarrassment or harm that outweighs the probative value, if any,
955	953		of the mention of that individual; and
956	954		(B) insufficient to require the notice under
957	955		Subdivision (1). (Code Crim. Proc., Art. 18.20, Secs. 14(b), (c),
958	956		(d), (e).)
959	957		SUBCHAPTER I. USE AND DISPOSITION OF APPLICATIONS AND ORDERS
960	958		Art. 18A.401. SEALING OF APPLICATION OR ORDER. The judge
961	959		shall seal each application made and order issued under this
962	960		chapter. (Code Crim. Proc., Art. 18.20, Sec. 11 (part).)
963	961		Art. 18A.402. CUSTODY OF APPLICATIONS AND ORDERS. Custody
964	962		of applications and orders issued under this chapter shall be
965	963		wherever the judge directs. (Code Crim. Proc., Art. 18.20, Sec. 11
966	964		(part).)
967	965		Art. 18A.403. DISCLOSURE OF APPLICATION OR ORDER. An
968	966		application made or order issued under this chapter may be
969	967		disclosed only on a showing of good cause before a judge of
970	968		competent jurisdiction. (Code Crim. Proc., Art. 18.20, Sec. 11
971	969		(part).)
972	970		Art. 18A.404. DESTRUCTION OF APPLICATION OR ORDER. An
973	971		application made or order issued under this chapter may be
974	972		destroyed only on or after the 10th anniversary of the date the
975	973		application or order was sealed and only if the judge of competent
976	974		jurisdiction for the administrative judicial region in which the
977	975		application was made or the order was issued orders the
978	976		destruction. (Code Crim. Proc., Art. 18.20, Sec. 11 (part).)
979	977		SUBCHAPTER J. CREATION, USE, AND DISPOSITION OF RECORDINGS
980	978		Art. 18A.451. CREATION OF RECORDINGS. The contents of a
981	979		wire, oral, or electronic communication intercepted by means
982	980		authorized by this chapter shall be recorded on tape, wire, or other
983	981		comparable device in a way that protects the recording from editing
984	982		or other alterations. (Code Crim. Proc., Art. 18.20, Sec. 10(a).)
985	983		Art. 18A.452. DUPLICATION OF RECORDINGS. Recordings under
986	984		Article 18A.451 may be duplicated for use or disclosure under
987	985		Article 18A.351 for investigations. (Code Crim. Proc., Art. 18.20,
988	986		Sec. 10(c).)
989	987		Art. 18A.453. SEALING AND CUSTODY OF RECORDINGS. (a)
990	988		Immediately on the expiration of the period of an interception
991	989		order and all extensions, if any, the recordings under Article
992	990		18A.451 shall be:
993	991		(1) made available to the judge issuing the order; and
994	992		(2) sealed under the judge's directions.
995	993		(b) Custody of the recordings shall be wherever the judge
996	994		orders. (Code Crim. Proc., Art. 18.20, Sec. 10(b) (part).)
997	995		Art. 18A.454. DESTRUCTION OF RECORDINGS. A recording under
998	996		Article 18A.451 may be destroyed only on or after the 10th
999	997		anniversary of the date of expiration of the interception order and
1000	998		the last extension, if any, and only if the judge of competent
1001	999		jurisdiction for the administrative judicial region in which the
1002	1000		interception was authorized orders the destruction. (Code Crim.
1003	1001		Proc., Art. 18.20, Sec. 10(b) (part).)
1004	1002		Art. 18A.455. PREREQUISITE FOR USE OR DISCLOSURE OF
1005	1003		RECORDING IN CERTAIN PROCEEDINGS. The presence of the seal
1006	1004		required by Article 18A.453(a) or a satisfactory explanation of the
1007	1005		seal's absence is a prerequisite for the use or disclosure of the
1008	1006		contents of a wire, oral, or electronic communication or evidence
1009	1007		derived from the communication under Article 18A.352. (Code Crim.
1010	1008		Proc., Art. 18.20, Sec. 10(d).)
1011	1009		SUBCHAPTER K. VIOLATION; SANCTIONS
1012	1010		Art. 18A.501. CONTEMPT. A violation of Subchapter I or J
1013	1011		may be punished as contempt of court. (Code Crim. Proc., Art.
1014	1012		18.20, Sec. 12.)
1015	1013		Art. 18A.502. RECOVERY OF CIVIL DAMAGES BY AGGRIEVED
1016	1014		PERSON. A person whose wire, oral, or electronic communication is
1017	1015		intercepted, disclosed, or used in violation of this chapter or
1018	1016		Chapter 16, Penal Code:
1019	1017		(1) has a civil cause of action against any person who
1020	1018		intercepts, discloses, or uses or solicits another person to
1021	1019		intercept, disclose, or use the communication; and
1022	1020		(2) is entitled to recover from the person:
1023	1021		(A) actual damages but not less than liquidated
1024	1022		damages computed at a rate of $100 for each day the violation occurs
1025	1023		or $1,000, whichever is higher;
1026	1024		(B) punitive damages; and
1027	1025		(C) reasonable attorney's fees and other
1028	1026		litigation costs reasonably incurred. (Code Crim. Proc., Art.
1029	1027		18.20, Sec. 16(a).)
1030	1028		Art. 18A.503. ACTION BROUGHT BY FEDERAL OR STATE
1031	1029		GOVERNMENT; INJUNCTION; PENALTIES. (a) A person is subject to suit
1032	1030		by the federal or state government in a court of competent
1033	1031		jurisdiction for appropriate injunctive relief if the person
1034	1032		engages in conduct that:
1035	1033		(1) constitutes an offense under Section 16.05, Penal
1036	1034		Code, but is not for a tortious or illegal purpose or for the
1037	1035		purpose of direct or indirect commercial advantage or private
1038	1036		commercial gain; and
1039	1037		(2) involves a radio communication that is:
1040	1038		(A) transmitted on frequencies allocated under
1041	1039		Subpart D of Part 74 of the rules of the Federal Communications
1042	1040		Commission; and
1043	1041		(B) not scrambled or encrypted.
1044	1042		(b) The attorney general or the county or district attorney
1045	1043		of the county in which the conduct described by Subsection (a) is
1046	1044		occurring may file suit under that subsection on behalf of the
1047	1045		state.
1048	1046		(c) A defendant is liable for a civil penalty of $500 if it
1049	1047		is shown at the trial of the civil suit brought under Subsection (a)
1050	1048		that the defendant has been:
1051	1049		(1) convicted of an offense under Section 16.05, Penal
1052	1050		Code; or
1053	1051		(2) found liable in a civil action brought under
1054	1052		Article 18A.502.
1055	1053		(d) Each violation of an injunction ordered under
1056	1054		Subsection (a) is punishable by a fine of $500. (Code Crim. Proc.,
1057	1055		Art. 18.20, Secs. 16(c), (d), (e), (f).)
1058	1056		Art. 18A.504. GOOD FAITH DEFENSE AVAILABLE. A good faith
1059	1057		reliance on a court order or legislative authorization constitutes
1060	1058		a complete defense to an action brought under Article 18A.502 or
1061	1059		18A.503. (Code Crim. Proc., Art. 18.20, Sec. 16(b).)
1062	1060		Art. 18A.505. NO CAUSE OF ACTION. A computer trespasser or
1063	1061		a user, aggrieved person, subscriber, or customer of a
1064	1062		communication common carrier or provider of an electronic
1065	1063		communications service does not have a cause of action against the
1066	1064		carrier or service provider, the officers, employees, or agents of
1067	1065		the carrier or service provider, or other specified persons for
1068	1066		providing information, facilities, or assistance as required by a
1069	1067		good faith reliance on:
1070	1068		(1) legislative authority; or
1071	1069		(2) a court order, warrant, subpoena, or certification
1072	1070		under this chapter. (Code Crim. Proc., Art. 18.20, Sec. 16(g).)
1073	1071		SUBCHAPTER L. REPORTS
1074	1072		Art. 18A.551. REPORT OF INTERCEPTED COMMUNICATIONS BY
1075	1073		JUDGE. (a) Within 30 days after the date an interception order or
1076	1074		the last extension, if any, expires or after the denial of an
1077	1075		interception order, the issuing or denying judge shall report to
1078	1076		the Administrative Office of the United States Courts:
1079	1077		(1) the fact that an order or extension was applied
1080	1078		for;
1081	1079		(2) the kind of order or extension applied for;
1082	1080		(3) the fact that the order or extension was granted as
1083	1081		applied for, was modified, or was denied;
1084	1082		(4) the period of interceptions authorized by the
1085	1083		order and the number and duration of any extensions of the order;
1086	1084		(5) the offense specified in the order or application
1087	1085		or extension;
1088	1086		(6) the identity of the requesting officer and the
1089	1087		prosecutor; and
1090	1088		(7) the nature of the facilities from which or the
1091	1089		place where communications were to be intercepted.
1092	1090		(b) A judge required to file a report under this article
1093	1091		shall forward a copy of the report to the director. (Code Crim.
1094	1092		Proc., Art. 18.20, Secs. 15(a), (c) (part).)
1095	1093		Art. 18A.552. REPORT OF INTERCEPTED COMMUNICATIONS BY
1096	1094		PROSECUTOR. (a) In January of each year each prosecutor shall
1097	1095		report to the Administrative Office of the United States Courts the
1098	1096		following information for the preceding calendar year:
1099	1097		(1) the information required by Article 18A.551(a)
1100	1098		with respect to each application for an interception order or
1101	1099		extension made;
1102	1100		(2) a general description of the interceptions made
1103	1101		under each order or extension, including:
1104	1102		(A) the approximate nature and frequency of
1105	1103		incriminating communications intercepted;
1106	1104		(B) the approximate nature and frequency of other
1107	1105		communications intercepted;
1108	1106		(C) the approximate number of persons whose
1109	1107		communications were intercepted; and
1110	1108		(D) the approximate nature, amount, and cost of
1111	1109		the personnel and other resources used in the interceptions;
1112	1110		(3) the number of arrests resulting from interceptions
1113	1111		made under each order or extension and the offenses for which the
1114	1112		arrests were made;
1115	1113		(4) the number of trials resulting from interceptions;
1116	1114		(5) the number of motions to suppress made with
1117	1115		respect to interceptions and the number granted or denied;
1118	1116		(6) the number of convictions resulting from
1119	1117		interceptions, the offenses for which the convictions were
1120	1118		obtained, and a general assessment of the importance of the
1121	1119		interceptions; and
1122	1120		(7) the information required by Subdivisions (2)
1123	1121		through (6) with respect to orders or extensions obtained.
1124	1122		(b) A prosecutor required to file a report under this
1125	1123		article shall forward a copy of the report to the director. (Code
1126	1124		Crim. Proc., Art. 18.20, Secs. 15(b), (c) (part).)
1127	1125		Art. 18A.553. REPORT OF INTERCEPTED COMMUNICATIONS BY
1128	1126		DEPARTMENT OF PUBLIC SAFETY. (a) On or before March 1 of each year,
1129	1127		the director shall submit a report of all intercepts conducted
1130	1128		under this chapter and terminated during the preceding calendar
1131	1129		year to:
1132	1130		(1) the governor;
1133	1131		(2) the lieutenant governor;
1134	1132		(3) the speaker of the house of representatives;
1135	1133		(4) the chair of the senate jurisprudence committee;
1136	1134		and
1137	1135		(5) the chair of the house of representatives criminal
1138	1136		jurisprudence committee.
1139	1137		(b) The report must include:
1140	1138		(1) the reports of judges and prosecuting attorneys
1141	1139		forwarded to the director as required by Articles 18A.551(b) and
1142	1140		18A.552(b);
1143	1141		(2) the number of department personnel authorized to
1144	1142		possess, install, or operate an interception device;
1145	1143		(3) the number of department and other law enforcement
1146	1144		personnel who participated or engaged in the seizure of intercepts
1147	1145		under this chapter during the preceding calendar year; and
1148	1146		(4) the total cost to the department of all activities
1149	1147		and procedures relating to the seizure of intercepts during the
1150	1148		preceding calendar year, including costs of equipment, personnel,
1151	1149		and expenses incurred as compensation for use of facilities or
1152	1150		technical assistance provided to the department. (Code Crim.
1153	1151		Proc., Art. 18.20, Sec. 15(c) (part).)
1154	1152		SECTION 1.02. Title 1, Code of Criminal Procedure, is amended by adding Chapter 18B to read as follows:
1155	1153		CHAPTER 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO
1156	1154		COMMUNICATIONS
1157	1155		SUBCHAPTER A. GENERAL PROVISIONS
1158	1156		Art. 18B.001. DEFINITIONS
1159	1157		SUBCHAPTER B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND
1160	1158		USE OF EQUIPMENT
1161	1159		Art. 18B.051. REQUIREMENTS REGARDING REQUEST FOR AND
1162	1160		FILING OF APPLICATION
1163	1161		Art. 18B.052. JURISDICTION
1164	1162		Art. 18B.053. APPLICATION REQUIREMENTS
1165	1163		SUBCHAPTER C. ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT
1166	1164		Art. 18B.101. ORDER AUTHORIZING INSTALLATION AND USE
1167	1165		OF PEN REGISTER, ESN READER, OR
1168	1166		SIMILAR EQUIPMENT
1169	1167		Art. 18B.102. ORDER AUTHORIZING INSTALLATION AND USE
1170	1168		OF TRAP AND TRACE DEVICE OR SIMILAR
1171	1169		EQUIPMENT
1172	1170		Art. 18B.103. COMPENSATION FOR CARRIER OR SERVICE
1173	1171		PROVIDER
1174	1172		Art. 18B.104. DURATION OF ORDER
1175	1173		Art. 18B.105. SEALING RECORDS OF APPLICATION AND ORDER
1176	1174		SUBCHAPTER D. EMERGENCY INSTALLATION AND USE OF CERTAIN EQUIPMENT
1177	1175		Art. 18B.151. EMERGENCY INSTALLATION AND USE OF PEN
1178	1176		REGISTER OR TRAP AND TRACE DEVICE
1179	1177		Art. 18B.152. ORDER AUTHORIZING EMERGENCY INSTALLATION
1180	1178		AND USE
1181	1179		Art. 18B.153. ADMISSIBILITY OF EVIDENCE OBTAINED
1182	1180		SUBCHAPTER E. MOBILE TRACKING DEVICES
1183	1181		Art. 18B.201. DEFINITION
1184	1182		Art. 18B.202. ORDER AUTHORIZING INSTALLATION AND USE
1185	1183		OF MOBILE TRACKING DEVICE
1186	1184		Art. 18B.203. JURISDICTION
1187	1185		Art. 18B.204. NOTIFICATION OF JUDGE FOLLOWING
1188	1186		ACTIVATION OF MOBILE TRACKING DEVICE
1189	1187		Art. 18B.205. DURATION OF ORDER
1190	1188		Art. 18B.206. REMOVAL OF DEVICE
1191	1189		Art. 18B.207. NONAPPLICABILITY
1192	1190		SUBCHAPTER F. LAW ENFORCEMENT POWERS AND DUTIES
1193	1191		Art. 18B.251. POLICY REQUIRED
1194	1192		Art. 18B.252. PEACE OFFICERS AUTHORIZED TO POSSESS,
1195	1193		INSTALL, OPERATE, OR MONITOR EQUIPMENT
1196	1194		Art. 18B.253. LIMITATION: PEN REGISTERS
1197	1195		Art. 18B.254. APPLICATION OR ORDER NOT REQUIRED FOR
1198	1196		CERTAIN SEARCHES
1199	1197		SUBCHAPTER G. OVERSIGHT
1200	1198		Art. 18B.301. COMPLIANCE AUDIT
1201	1199		Art. 18B.302. REPORT OF EXPENDITURES
1202	1200		SUBCHAPTER H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED
1203	1201		CUSTOMER DATA
1204	1202		Art. 18B.351. GOVERNMENT ACCESS TO ELECTRONIC CUSTOMER
1205	1203		DATA
1206	1204		Art. 18B.352. COURT ORDER FOR GOVERNMENT ACCESS TO
1207	1205		STORED CUSTOMER DATA
1208	1206		Art. 18B.353. WARRANT ISSUED IN THIS STATE:
1209	1207		APPLICABILITY
1210	1208		Art. 18B.354. WARRANT ISSUED IN THIS STATE:
1211	1209		APPLICATION AND ISSUANCE OF WARRANT
1212	1210		Art. 18B.355. WARRANT ISSUED IN THIS STATE: EXECUTION
1213	1211		OF WARRANT
1214	1212		Art. 18B.356. WARRANT ISSUED IN THIS STATE:
1215	1213		COMPLIANCE WITH WARRANT
1216	1214		Art. 18B.357. WARRANT ISSUED IN THIS STATE:
1217	1215		AUTHENTICATION OF RECORDS BY SERVICE
1218	1216		PROVIDER
1219	1217		Art. 18B.358. WARRANT ISSUED IN ANOTHER STATE
1220	1218		Art. 18B.359. GOVERNMENT ACCESS TO CERTAIN STORED
1221	1219		CUSTOMER DATA WITHOUT LEGAL PROCESS
1222	1220		SUBCHAPTER I. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA
1223	1221		Art. 18B.401. BACKUP PRESERVATION OF ELECTRONIC
1224	1222		CUSTOMER DATA
1225	1223		Art. 18B.402. NOTICE TO SUBSCRIBER OR CUSTOMER
1226	1224		Art. 18B.403. RELEASE OF COPY OF ELECTRONIC CUSTOMER
1227	1225		DATA
1228	1226		Art. 18B.404. DESTRUCTION OF COPY OF ELECTRONIC
1229	1227		CUSTOMER DATA
1230	1228		Art. 18B.405. REQUEST FOR COPY OF ELECTRONIC CUSTOMER
1231	1229		DATA BY AUTHORIZED PEACE OFFICER
1232	1230		Art. 18B.406. PROCEEDINGS TO QUASH SUBPOENA OR VACATE
1233	1231		COURT ORDER
1234	1232		SUBCHAPTER J. PRODUCTION OF CERTAIN BUSINESS RECORDS
1235	1233		Art. 18B.451. SUBPOENA AUTHORITY
1236	1234		Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA
1237	1235		Art. 18B.453. COMPLIANCE WITH POLICY FOR INSTALLATION
1238	1236		AND USE OF EQUIPMENT
1239	1237		SUBCHAPTER K. SERVICE PROVIDER POWERS AND DUTIES
1240	1238		Art. 18B.501. PRECLUSION OF NOTIFICATION
1241	1239		Art. 18B.502. DISCLOSURE BY SERVICE PROVIDER
1242	1240		PROHIBITED
1243	1241		Art. 18B.503. REIMBURSEMENT OF COSTS
1244	1242		SUBCHAPTER L. REMEDIES
1245	1243		Art. 18B.551. CAUSE OF ACTION
1246	1244		Art. 18B.552. NO CAUSE OF ACTION
1247	1245		Art. 18B.553. EXCLUSIVITY OF REMEDIES
1248	1246		CHAPTER 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO
1249	1247		COMMUNICATIONS
1250	1248		SUBCHAPTER A. GENERAL PROVISIONS
1251	1249		Art. 18B.001. DEFINITIONS. In this chapter:
1252	1250		(1) "Authorized peace officer" means:
1253	1251		(A) a sheriff or deputy sheriff;
1254	1252		(B) a constable or deputy constable;
1255	1253		(C) a marshal or police officer of a
1256	1254		municipality;
1257	1255		(D) a ranger or officer commissioned by the
1258	1256		Public Safety Commission or the director of the department;
1259	1257		(E) an investigator of a prosecutor's office;
1260	1258		(F) a law enforcement agent of the Texas
1261	1259		Alcoholic Beverage Commission;
1262	1260		(G) a law enforcement officer commissioned by the
1263	1261		Parks and Wildlife Commission;
1264	1262		(H) an enforcement officer appointed by the
1265	1263		inspector general of the Texas Department of Criminal Justice under
1266	1264		Section 493.019, Government Code;
1267	1265		(I) an investigator commissioned by the attorney
1268	1266		general under Section 402.009, Government Code; or
1269	1267		(J) a member of an arson investigating unit
1270	1268		commissioned by a municipality, a county, or the state.
1271	1269		(2) "Communication common carrier," "electronic
1272	1270		communication," "electronic communications service," "user," and
1273	1271		"wire communication" have the meanings assigned by Article 18A.001.
1274	1272		(3) "Department" means the Department of Public Safety
1275	1273		of the State of Texas.
1276	1274		(4) "Designated law enforcement office or agency"
1277	1275		means:
1278	1276		(A) the sheriff's department of a county with a
1279	1277		population of 3.3 million or more;
1280	1278		(B) a police department in a municipality with a
1281	1279		population of 500,000 or more; or
1282	1280		(C) the office of inspector general of the Texas
1283	1281		Department of Criminal Justice.
1284	1282		(5) "Domestic entity" has the meaning assigned by
1285	1283		Section 1.002, Business Organizations Code.
1286	1284		(6) "Electronic communications system" means:
1287	1285		(A) a wire, radio, electromagnetic,
1288	1286		photo-optical, or photoelectronic facility for the transmission of
1289	1287		wire or electronic communications; and
1290	1288		(B) any computer facility or related electronic
1291	1289		equipment for the electronic storage of wire or electronic
1292	1290		communications.
1293	1291		(7) "Electronic customer data" means data or records
1294	1292		that:
1295	1293		(A) are in the possession, care, custody, or
1296	1294		control of a provider of an electronic communications service or
1297	1295		provider of a remote computing service; and
1298	1296		(B) contain:
1299	1297		(i) information revealing the identity of
1300	1298		customers of the applicable service;
1301	1299		(ii) information about a customer's use of
1302	1300		the applicable service;
1303	1301		(iii) information that identifies the
1304	1302		recipient or destination of a wire or electronic communication sent
1305	1303		to or by a customer;
1306	1304		(iv) the content of a wire or electronic
1307	1305		communication sent to or by a customer; and
1308	1306		(v) any data stored with the applicable
1309	1307		service provider by or on behalf of a customer.
1310	1308		(8) "Electronic storage" means storage of electronic
1311	1309		customer data in a computer, computer network, or computer system,
1312	1310		regardless of whether the data is subject to recall, further
1313	1311		manipulation, deletion, or transmission. The term includes storage
1314	1312		of a wire or electronic communication by an electronic
1315	1313		communications service or a remote computing service.
1316	1314		(9) "ESN reader" means a device that, without
1317	1315		intercepting the contents of a communication, records the
1318	1316		electronic serial number from the data track of a wireless
1319	1317		telephone, cellular telephone, or similar communication device
1320	1318		that transmits its operational status to a base site.
1321	1319		(10) "Pen register" means a device or process that
1322	1320		records or decodes dialing, routing, addressing, or signaling
1323	1321		information transmitted by an instrument or facility from which a
1324	1322		wire or electronic communication is transmitted, if the information
1325	1323		does not include the contents of the communication. The term does
1326	1324		not include a device used by a provider or customer of a wire or
1327	1325		electronic communications service in the ordinary course of the
1328	1326		service provider's or customer's business for purposes of:
1329	1327		(A) billing or recording incident to billing for
1330	1328		communications services; or
1331	1329		(B) cost accounting, security control, or other
1332	1330		ordinary business purposes.
1333	1331		(11) "Prosecutor" means a district attorney, criminal
1334	1332		district attorney, or county attorney performing the duties of a
1335	1333		district attorney.
1336	1334		(12) "Remote computing service" means the provision of
1337	1335		computer storage or processing services to the public by means of an
1338	1336		electronic communications system.
1339	1337		(13) "Trap and trace device" means a device or process
1340	1338		that records an incoming electronic or other impulse that
1341	1339		identifies the originating number or other dialing, routing,
1342	1340		addressing, or signaling information reasonably likely to identify
1343	1341		the source of a wire or electronic communication, if the
1344	1342		information does not include the contents of the communication.
1345	1343		The term does not include a device or telecommunications network
1346	1344		used in providing:
1347	1345		(A) a caller identification service authorized
1348	1346		by the Public Utility Commission of Texas under Subchapter E,
1349	1347		Chapter 55, Utilities Code;
1350	1348		(B) the services referenced by Section
1351	1349		55.102(b), Utilities Code; or
1352	1350		(C) a caller identification service provided by a
1353	1351		commercial mobile radio service provider licensed by the Federal
1354	1352		Communications Commission. (Code Crim. Proc., Art. 18.20, Secs.
1355	1353		1(17), (20); Art. 18.21, Secs. 1(1) (part), (2), (3), (3-a), (3-b),
1356	1354		(3-c), (4), (6), (7), (8), (10).)
1357	1355		SUBCHAPTER B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND
1358	1356		USE OF EQUIPMENT
1359	1357		Art. 18B.051. REQUIREMENTS REGARDING REQUEST FOR AND FILING
1360	1358		OF APPLICATION. (a) A prosecutor with jurisdiction in a county
1361	1359		within a judicial district described by Article 18B.052 may file
1362	1360		with a district judge in the judicial district an application for
1363	1361		the installation and use of a pen register, ESN reader, trap and
1364	1362		trace device, or similar equipment that combines the function of a
1365	1363		pen register and a trap and trace device.
1366	1364		(b) A prosecutor may file an application under this
1367	1365		subchapter or under federal law on:
1368	1366		(1) the prosecutor's own motion; or
1369	1367		(2) the request of an authorized peace officer,
1370	1368		regardless of whether the peace officer is commissioned by the
1371	1369		department.
1372	1370		(c) A prosecutor must make an application personally and may
1373	1371		not make the application through an assistant or other person
1374	1372		acting on the prosecutor's behalf if the prosecutor:
1375	1373		(1) files an application on the prosecutor's own
1376	1374		motion; or
1377	1375		(2) files an application for the installation and use
1378	1376		of a pen register, ESN reader, or similar equipment on the request
1379	1377		of an authorized peace officer not commissioned by the department,
1380	1378		other than an authorized peace officer employed by a designated law
1381	1379		enforcement office or agency.
1382	1380		(d) A prosecutor may make an application through an
1383	1381		assistant or other person acting on the prosecutor's behalf if the
1384	1382		prosecutor files an application for the installation and use of:
1385	1383		(1) a pen register, ESN reader, or similar equipment
1386	1384		on the request of:
1387	1385		(A) an authorized peace officer who is
1388	1386		commissioned by the department; or
1389	1387		(B) an authorized peace officer of a designated
1390	1388		law enforcement office or agency; or
1391	1389		(2) a trap and trace device or similar equipment on the
1392	1390		request of an authorized peace officer, regardless of whether the
1393	1391		peace officer is commissioned by the department. (Code Crim.
1394	1392		Proc., Art. 18.21, Secs. 2(a) (part), (b).)
1395	1393		Art. 18B.052. JURISDICTION. An application under this
1396	1394		subchapter must be filed in a judicial district in which is located:
1397	1395		(1) the site of the proposed installation or use of the
1398	1396		device or equipment;
1399	1397		(2) the site of the communication device on which the
1400	1398		device or equipment is proposed to be installed or used;
1401	1399		(3) the billing, residential, or business address of
1402	1400		the subscriber to the electronic communications service on which
1403	1401		the device or equipment is proposed to be installed or used;
1404	1402		(4) the headquarters of:
1405	1403		(A) the office of the prosecutor filing an
1406	1404		application under this subchapter; or
1407	1405		(B) a law enforcement agency that requests the
1408	1406		prosecutor to file an application under this subchapter or that
1409	1407		proposes to execute an order authorizing installation and use of
1410	1408		the device or equipment; or
1411	1409		(5) the headquarters of a service provider ordered to
1412	1410		install the device or equipment. (Code Crim. Proc., Art. 18.21,
1413	1411		Sec. 2(a) (part).)
1414	1412		Art. 18B.053. APPLICATION REQUIREMENTS. An application
1415	1413		under this subchapter must:
1416	1414		(1) be made in writing under oath;
1417	1415		(2) include the name of the subscriber and the
1418	1416		telephone number and location of the communication device on which
1419	1417		the pen register, ESN reader, trap and trace device, or similar
1420	1418		equipment will be used, to the extent that information is known or
1421	1419		is reasonably ascertainable; and
1422	1420		(3) state that the installation and use of the device
1423	1421		or equipment will likely produce information that is material to an
1424	1422		ongoing criminal investigation. (Code Crim. Proc., Art. 18.21,
1425	1423		Sec. 2(c).)
1426	1424		SUBCHAPTER C. ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT
1427	1425		Art. 18B.101. ORDER AUTHORIZING INSTALLATION AND USE OF PEN
1428	1426		REGISTER, ESN READER, OR SIMILAR EQUIPMENT. (a) On presentation of
1429	1427		an application under Subchapter B, a judge may order the
1430	1428		installation and use of a pen register, ESN reader, or similar
1431	1429		equipment by an authorized peace officer commissioned by the
1432	1430		department or an authorized peace officer of a designated law
1433	1431		enforcement office or agency.
1434	1432		(b) On request of the applicant, the judge shall direct in
1435	1433		the order that a communication common carrier or a provider of an
1436	1434		electronic communications service provide all information,
1437	1435		facilities, and technical assistance necessary to facilitate the
1438	1436		installation and use of the device or equipment by the department or
1439	1437		designated law enforcement office or agency unobtrusively and with
1440	1438		a minimum of interference to the services provided by the carrier or
1441	1439		service provider. (Code Crim. Proc., Art. 18.21, Sec. 2(d)
1442	1440		(part).)
1443	1441		Art. 18B.102. ORDER AUTHORIZING INSTALLATION AND USE OF
1444	1442		TRAP AND TRACE DEVICE OR SIMILAR EQUIPMENT. (a) On presentation of
1445	1443		an application under Subchapter B, a judge may order the
1446	1444		installation and use of a trap and trace device or similar equipment
1447	1445		on the appropriate line by a communication common carrier or other
1448	1446		person.
1449	1447		(b) The judge may direct the communication common carrier or
1450	1448		other person, including any landlord or other custodian of
1451	1449		equipment, to provide all information, facilities, and technical
1452	1450		assistance necessary to install or use the device or equipment
1453	1451		unobtrusively and with a minimum of interference to the services
1454	1452		provided by the communication common carrier, landlord, custodian,
1455	1453		or other person.
1456	1454		(c) Unless otherwise ordered by the court, the results of
1457	1455		the device or equipment shall be provided to the applicant, as
1458	1456		designated by the court, at reasonable intervals during regular
1459	1457		business hours, for the duration of the order. (Code Crim. Proc.,
1460	1458		Art. 18.21, Sec. 2(e) (part).)
1461	1459		Art. 18B.103. COMPENSATION FOR CARRIER OR SERVICE PROVIDER.
1462	1460		(a) A communication common carrier or a provider of an electronic
1463	1461		communications service that provides facilities and assistance to
1464	1462		the department or a designated law enforcement office or agency
1465	1463		under Article 18B.101(b) is entitled to compensation at the
1466	1464		prevailing rates for the facilities and assistance.
1467	1465		(b) A communication common carrier that provides facilities
1468	1466		and assistance to a designated law enforcement office or agency
1469	1467		under Article 18B.102(b) is entitled to compensation at the
1470	1468		prevailing rates for the facilities and assistance. (Code Crim.
1471	1469		Proc., Art. 18.21, Secs. 2(d) (part), (e) (part).)
1472	1470		Art. 18B.104. DURATION OF ORDER. (a) An order for the
1473	1471		installation and use of a device or equipment under this subchapter
1474	1472		is valid for a period not to exceed 60 days after the earlier of the
1475	1473		date the device or equipment is installed or the 10th day after the
1476	1474		date the order is entered, unless the prosecutor applies for and
1477	1475		obtains an extension of the order from the court before the order
1478	1476		expires.
1479	1477		(b) Each extension granted under Subsection (a) may not
1480	1478		exceed a period of 60 days, except that the court may extend an
1481	1479		order for a period not to exceed one year with the consent of the
1482	1480		subscriber or customer of the service on which the device or
1483	1481		equipment is used. (Code Crim. Proc., Art. 18.21, Sec. 2(f).)
1484	1482		Art. 18B.105. SEALING RECORDS OF APPLICATION AND ORDER. A
1485	1483		district court shall seal an application and order granted under
1486	1484		this chapter. (Code Crim. Proc., Art. 18.21, Sec. 2(g).)
1487	1485		SUBCHAPTER D. EMERGENCY INSTALLATION AND USE OF CERTAIN EQUIPMENT
1488	1486		Art. 18B.151. EMERGENCY INSTALLATION AND USE OF PEN
1489	1487		REGISTER OR TRAP AND TRACE DEVICE. (a) In this article, "immediate
1490	1488		life-threatening situation" has the meaning assigned by Article
1491	1489		18A.201.
1492	1490		(b) A peace officer authorized to possess, install,
1493	1491		operate, or monitor a device under Subchapter E, Chapter 18A, may
1494	1492		install and use a pen register or trap and trace device if the peace
1495	1493		officer reasonably believes:
1496	1494		(1) an immediate life-threatening situation exists
1497	1495		that:
1498	1496		(A) is within the territorial jurisdiction of the
1499	1497		peace officer or another officer the peace officer is assisting;
1500	1498		and
1501	1499		(B) requires the installation of a pen register
1502	1500		or trap and trace device before an order authorizing the
1503	1501		installation and use can, with due diligence, be obtained under
1504	1502		this chapter; and
1505	1503		(2) there are sufficient grounds under this chapter on
1506	1504		which to obtain an order authorizing the installation and use of a
1507	1505		pen register or trap and trace device. (Code Crim. Proc., Art.
1508	1506		18.21, Secs. 1(1) (part), 3(a).)
1509	1507		Art. 18B.152. ORDER AUTHORIZING EMERGENCY INSTALLATION AND
1510	1508		USE. (a) A peace officer who installs or uses a pen register or
1511	1509		trap and trace device under Article 18B.151 shall:
1512	1510		(1) promptly report the installation or use of the
1513	1511		device to the prosecutor in the county in which the device is
1514	1512		installed or used; and
1515	1513		(2) within 48 hours after the installation of the
1516	1514		device is complete or the use of the device begins, whichever occurs
1517	1515		first, obtain an order under Subchapter C authorizing the
1518	1516		installation and use of the device.
1519	1517		(b) A judge may issue an order authorizing the installation
1520	1518		and use of a device under this subchapter during the 48-hour period
1521	1519		prescribed by Subsection (a)(2). If an order is denied or is not
1522	1520		issued within the 48-hour period, the peace officer shall terminate
1523	1521		use of and remove the pen register or trap and trace device promptly
1524	1522		on the earlier of the denial or the expiration of 48 hours. (Code
1525	1523		Crim. Proc., Art. 18.21, Secs. 3(a) (part), (b), (c).)
1526	1524		Art. 18B.153. ADMISSIBILITY OF EVIDENCE OBTAINED. The
1527	1525		state may not use as evidence in a criminal proceeding any
1528	1526		information gained through the use of a pen register or trap and
1529	1527		trace device installed under this subchapter if an authorized peace
1530	1528		officer:
1531	1529		(1) does not apply for authorization for the pen
1532	1530		register or trap and trace device; or
1533	1531		(2) applies for but does not obtain that
1534	1532		authorization. (Code Crim. Proc., Art. 18.21, Sec. 3(d).)
1535	1533		SUBCHAPTER E. MOBILE TRACKING DEVICES
1536	1534		Art. 18B.201. DEFINITION. In this subchapter, "mobile
1537	1535		tracking device" means an electronic or mechanical device that
1538	1536		permits tracking the movement of a person, vehicle, container,
1539	1537		item, or object. (Code Crim. Proc., Art. 18.21, Sec. 1(5).)
1540	1538		Art. 18B.202. ORDER AUTHORIZING INSTALLATION AND USE OF
1541	1539		MOBILE TRACKING DEVICE. (a) A district judge may issue an order
1542	1540		for the installation and use of a mobile tracking device only on the
1543	1541		application of an authorized peace officer.
1544	1542		(b) An application must be written, signed, and sworn to
1545	1543		before the judge.
1546	1544		(c) The affidavit must:
1547	1545		(1) state the name, department, agency, and address of
1548	1546		the applicant;
1549	1547		(2) identify the vehicle, container, or item to which,
1550	1548		in which, or on which the mobile tracking device is to be attached,
1551	1549		placed, or otherwise installed;
1552	1550		(3) state the name of the owner or possessor of the
1553	1551		vehicle, container, or item identified under Subdivision (2);
1554	1552		(4) state the judicial jurisdictional area in which
1555	1553		the vehicle, container, or item identified under Subdivision (2) is
1556	1554		expected to be found; and
1557	1555		(5) state the facts and circumstances that provide the
1558	1556		applicant with a reasonable suspicion that:
1559	1557		(A) criminal activity has been, is, or will be
1560	1558		committed; and
1561	1559		(B) the installation and use of a mobile tracking
1562	1560		device is likely to produce information that is material to an
1563	1561		ongoing criminal investigation of that criminal activity. (Code
1564	1562		Crim. Proc., Art. 18.21, Secs. 14(a) (part), (c).)
1565	1563		Art. 18B.203. JURISDICTION. (a) A district judge may issue
1566	1564		an order for the installation and use of a mobile tracking device in
1567	1565		the same judicial district as the site of:
1568	1566		(1) the investigation; or
1569	1567		(2) the person, vehicle, container, item, or object
1570	1568		the movement of which will be tracked by the device.
1571	1569		(b) The order may authorize the use of a mobile tracking
1572	1570		device outside the judicial district but within the state, if the
1573	1571		device is installed within the district. (Code Crim. Proc., Art.
1574	1572		18.21, Secs. 14(a), (b).)
1575	1573		Art. 18B.204. NOTIFICATION OF JUDGE FOLLOWING ACTIVATION OF
1576	1574		MOBILE TRACKING DEVICE. Within 72 hours after the time a mobile
1577	1575		tracking device is activated in place on or within a vehicle,
1578	1576		container, or item, the applicant for whom an order was issued under
1579	1577		this subchapter shall notify in writing the judge who issued the
1580	1578		order. (Code Crim. Proc., Art. 18.21, Sec. 14(d).)
1581	1579		Art. 18B.205. DURATION OF ORDER. (a) An order under this
1582	1580		subchapter expires not later than the 90th day after the date that
1583	1581		the mobile tracking device was activated in place on or within the
1584	1582		vehicle, container, or item.
1585	1583		(b) For good cause shown, the judge may grant an extension
1586	1584		for an additional 90-day period. (Code Crim. Proc., Art. 18.21,
1587	1585		Sec. 14(e).)
1588	1586		Art. 18B.206. REMOVAL OF DEVICE. (a) The applicant shall
1589	1587		remove or cause to be removed the mobile tracking device as soon as
1590	1588		is practicable after the authorization period expires.
1591	1589		(b) If removal is not practicable, the device may not be
1592	1590		monitored after the expiration of the order. (Code Crim. Proc.,
1593	1591		Art. 18.21, Sec. 14(f).)
1594	1592		Art. 18B.207. NONAPPLICABILITY. (a) This subchapter does
1595	1593		not apply to a global positioning or similar device installed in or
1596	1594		on an item of property by the owner or with the consent of the owner
1597	1595		of the property.
1598	1596		(b) In an emergency, a private entity may monitor a device
1599	1597		described by Subsection (a). (Code Crim. Proc., Art. 18.21, Sec.
1600	1598		14(g).)
1601	1599		SUBCHAPTER F. LAW ENFORCEMENT POWERS AND DUTIES
1602	1600		Art. 18B.251. POLICY REQUIRED. Each designated law
1603	1601		enforcement office or agency shall:
1604	1602		(1) adopt a written policy governing the application
1605	1603		of this chapter to the office or agency; and
1606	1604		(2) submit the policy to the director of the
1607	1605		department, or the director's designee, for approval. (Code Crim.
1608	1606		Proc., Art. 18.21, Sec. 2(j).)
1609	1607		Art. 18B.252. PEACE OFFICERS AUTHORIZED TO POSSESS,
1610	1608		INSTALL, OPERATE, OR MONITOR EQUIPMENT. (a) A peace officer of a
1611	1609		designated law enforcement office or agency is authorized to
1612	1610		possess, install, operate, or monitor a pen register, ESN reader,
1613	1611		or similar equipment if the peace officer's name is on the list
1614	1612		submitted to the director of the department under Subsection (b).
1615	1613		(b) If the director of the department or the director's
1616	1614		designee approves the policy submitted under Article 18B.251, the
1617	1615		inspector general of the Texas Department of Criminal Justice or
1618	1616		the inspector general's designee, or the sheriff or chief of a
1619	1617		designated law enforcement agency or the sheriff's or chief's
1620	1618		designee, as applicable, shall submit to the director a written
1621	1619		list of all peace officers in the designated law enforcement office
1622	1620		or agency who are authorized to possess, install, operate, or
1623	1621		monitor pen registers, ESN readers, or similar equipment. (Code
1624	1622		Crim. Proc., Art. 18.21, Secs. 2(i), (k).)
1625	1623		Art. 18B.253. LIMITATION: PEN REGISTERS. To prevent
1626	1624		inclusion of the contents of a wire or electronic communication, a
1627	1625		governmental agency authorized to install and use a pen register
1628	1626		under this chapter or other law must use reasonably available
1629	1627		technology to only record and decode electronic or other impulses
1630	1628		used to identify the numbers dialed, routed, addressed, or
1631	1629		otherwise processed or transmitted by the communication. (Code
1632	1630		Crim. Proc., Art. 18.21, Sec. 16.)
1633	1631		Art. 18B.254. APPLICATION OR ORDER NOT REQUIRED FOR CERTAIN
1634	1632		SEARCHES. A peace officer is not required to file an application
1635	1633		under Subchapter B or obtain an order under Subchapter C before the
1636	1634		peace officer makes an otherwise lawful search, with or without a
1637	1635		warrant, to determine the contents of a caller identification
1638	1636		message, pager message, or voice message that is contained within
1639	1637		the memory of an end-user's identification, paging, or answering
1640	1638		device. (Code Crim. Proc., Art. 18.21, Sec. 2(h).)
1641	1639		SUBCHAPTER G. OVERSIGHT
1642	1640		Art. 18B.301. COMPLIANCE AUDIT. (a) The department may
1643	1641		conduct an audit of a designated law enforcement office or agency to
1644	1642		ensure compliance with this chapter.
1645	1643		(b) If the department determines from the audit that the
1646	1644		designated law enforcement office or agency is not in compliance
1647	1645		with the policy adopted by the office or agency under Article
1648	1646		18B.251, the department shall notify the office or agency in
1649	1647		writing that the office or agency, as applicable, is not in
1650	1648		compliance.
1651	1649		(c) If the department determines that the office or agency
1652	1650		still is not in compliance with the policy on the 90th day after the
1653	1651		date the office or agency receives written notice under Subsection
1654	1652		(b), the office or agency loses the authority granted by this
1655	1653		chapter until:
1656	1654		(1) the office or agency adopts a new written policy
1657	1655		governing the application of this chapter to the office or agency;
1658	1656		and
1659	1657		(2) the department approves that policy. (Code Crim.
1660	1658		Proc., Art. 18.21, Sec. 2(l).)
1661	1659		Art. 18B.302. REPORT OF EXPENDITURES. (a) The inspector
1662	1660		general of the Texas Department of Criminal Justice or the sheriff
1663	1661		or chief of a designated law enforcement agency, as applicable,
1664	1662		shall submit to the director of the department a written report of
1665	1663		expenditures made by the designated law enforcement office or
1666	1664		agency to purchase and maintain a pen register, ESN reader, or
1667	1665		similar equipment authorized under this chapter.
1668	1666		(b) The director of the department shall report the
1669	1667		expenditures publicly on an annual basis on the department's
1670	1668		Internet website or by other comparable means. (Code Crim. Proc.,
1671	1669		Art. 18.21, Sec. 2(m).)
1672	1670		SUBCHAPTER H. ACCESS TO STORED COMMUNICATIONS AND OTHER STORED
1673	1671		CUSTOMER DATA
1674	1672		Art. 18B.351. GOVERNMENT ACCESS TO ELECTRONIC CUSTOMER
1675	1673		DATA. (a) An authorized peace officer may require a provider of an
1676	1674		electronic communications service or a provider of a remote
1677	1675		computing service to disclose electronic customer data that is in
1678	1676		electronic storage by obtaining a warrant under Article 18B.354.
1679	1677		(b) An authorized peace officer may require a provider of an
1680	1678		electronic communications service or a provider of a remote
1681	1679		computing service to disclose only electronic customer data that is
1682	1680		information revealing the identity of customers of the applicable
1683	1681		service or information about a customer's use of the applicable
1684	1682		service, without giving the subscriber or customer notice:
1685	1683		(1) by obtaining an administrative subpoena
1686	1684		authorized by statute;
1687	1685		(2) by obtaining a grand jury subpoena;
1688	1686		(3) by obtaining a court order under Article 18B.352;
1689	1687		(4) by obtaining a warrant under Article 18B.354;
1690	1688		(5) by obtaining the consent of the subscriber or
1691	1689		customer to the disclosure of the data; or
1692	1690		(6) as otherwise permitted by applicable federal law.
1693	1691		(Code Crim. Proc., Art. 18.21, Secs. 4(a), (b).)
1694	1692		Art. 18B.352. COURT ORDER FOR GOVERNMENT ACCESS TO STORED
1695	1693		CUSTOMER DATA. (a) A court shall issue an order authorizing
1696	1694		disclosure of contents, records, or other information of a wire or
1697	1695		electronic communication held in electronic storage if the court
1698	1696		determines that there is a reasonable belief that the information
1699	1697		sought is relevant to a legitimate law enforcement inquiry.
1700	1698		(b) A court may grant a motion by the service provider to
1701	1699		quash or modify the order issued under Subsection (a) if the court
1702	1700		determines that:
1703	1701		(1) the information or records requested are unusually
1704	1702		voluminous; or
1705	1703		(2) compliance with the order would cause an undue
1706	1704		burden on the provider. (Code Crim. Proc., Art. 18.21, Sec. 5.)
1707	1705		Art. 18B.353. WARRANT ISSUED IN THIS STATE: APPLICABILITY.
1708	1706		Articles 18B.354-18B.357 apply to a warrant required under Article
1709	1707		18B.351 to obtain electronic customer data, including the contents
1710	1708		of a wire or electronic communication. (Code Crim. Proc.,
1711	1709		Art. 18.21, Sec. 5A(a).)
1712	1710		Art. 18B.354. WARRANT ISSUED IN THIS STATE: APPLICATION AND
1713	1711		ISSUANCE OF WARRANT. (a) On the filing of an application by an
1714	1712		authorized peace officer, a district judge may issue a search
1715	1713		warrant under this article for electronic customer data held in
1716	1714		electronic storage, including the contents of and records and other
1717	1715		information related to a wire or electronic communication held in
1718	1716		electronic storage, by a provider of an electronic communications
1719	1717		service or a provider of a remote computing service described by
1720	1718		Article 18B.355(b), regardless of whether the customer data is held
1721	1719		at a location in this state or another state. An application made
1722	1720		under this subsection must demonstrate probable cause for the
1723	1721		issuance of the warrant and must be supported by the oath of the
1724	1722		authorized peace officer.
1725	1723		(b) A search warrant may not be issued under this article
1726	1724		unless the sworn affidavit required by Article 18.01(b) provides
1727	1725		sufficient and substantial facts to establish probable cause that:
1728	1726		(1) a specific offense has been committed; and
1729	1727		(2) the electronic customer data sought:
1730	1728		(A) constitutes evidence of that offense or
1731	1729		evidence that a particular person committed that offense; and
1732	1730		(B) is held in electronic storage by the service
1733	1731		provider on which the warrant is served under Article 18B.355(c).
1734	1732		(c) Only the electronic customer data described in the sworn
1735	1733		affidavit required by Article 18.01(b) may be seized under the
1736	1734		warrant.
1737	1735		(d) A warrant issued under this article shall run in the
1738	1736		name of "The State of Texas."
1739	1737		(e) Article 18.011 applies to an affidavit presented under
1740	1738		Article 18.01(b) for the issuance of a warrant under this article,
1741	1739		and the affidavit may be sealed in the manner provided by that
1742	1740		article. (Code Crim. Proc., Art. 18.21, Secs. 5A(b), (c), (d),
1743	1741		(e), (f).)
1744	1742		Art. 18B.355. WARRANT ISSUED IN THIS STATE: EXECUTION OF
1745	1743		WARRANT. (a) Not later than the 11th day after the date of
1746	1744		issuance, an authorized peace officer shall execute a warrant
1747	1745		issued under Article 18B.354, except that the peace officer shall
1748	1746		execute the warrant within a shorter period if the district judge
1749	1747		directs a shorter period in the warrant. For purposes of this
1750	1748		subsection, a warrant is executed when the warrant is served in the
1751	1749		manner described by Subsection (c).
1752	1750		(b) A warrant issued under Article 18B.354 may be served
1753	1751		only on a provider of an electronic communications service or a
1754	1752		provider of a remote computing service that is a domestic entity or
1755	1753		a company or entity otherwise doing business in this state under a
1756	1754		contract or a terms of service agreement with a resident of this
1757	1755		state, if any part of that contract or agreement is to be performed
1758	1756		in this state.
1759	1757		(c) A search warrant issued under Article 18B.354 is served
1760	1758		when an authorized peace officer delivers the warrant by hand, by
1761	1759		facsimile transmission, or, in a manner allowing proof of delivery,
1762	1760		by means of the United States mail or a private delivery service to:
1763	1761		(1) a person specified by Section 5.255, Business
1764	1762		Organizations Code;
1765	1763		(2) the secretary of state in the case of a company or
1766	1764		entity to which Section 5.251, Business Organizations Code,
1767	1765		applies; or
1768	1766		(3) any other person or entity designated to receive
1769	1767		the service of process.
1770	1768		(d) The district judge shall hear and decide any motion to
1771	1769		quash the warrant not later than the fifth business day after the
1772	1770		date the service provider files the motion. The judge may allow the
1773	1771		service provider to appear at the hearing by teleconference. (Code
1774	1772		Crim. Proc., Art. 18.21, Secs. 5A(b) (part), (g), (h) (part), (i),
1775	1773		(m).)
1776	1774		Art. 18B.356. WARRANT ISSUED IN THIS STATE: COMPLIANCE
1777	1775		WITH WARRANT. (a) A district judge shall indicate in a warrant
1778	1776		issued under Article 18A.354 that the deadline for compliance by
1779	1777		the provider of an electronic communications service or the
1780	1778		provider of a remote computing service is the 15th business day
1781	1779		after the date the warrant is served if the warrant is to be served
1782	1780		on a domestic entity or a company or entity otherwise doing business
1783	1781		in this state, except that the deadline for compliance with a
1784	1782		warrant served in accordance with Section 5.251, Business
1785	1783		Organizations Code, may be extended to a date that is not later than
1786	1784		the 30th day after the date the warrant is served.
1787	1785		(b) The judge may indicate in the warrant that the deadline
1788	1786		for compliance is earlier than the 15th business day after the date
1789	1787		the warrant is served if the authorized peace officer who applies
1790	1788		for the warrant makes a showing and the judge finds that failure to
1791	1789		comply with the warrant by the earlier deadline would cause serious
1792	1790		jeopardy to an investigation, cause undue delay of a trial, or
1793	1791		create a material risk of:
1794	1792		(1) danger to the life or physical safety of any
1795	1793		person;
1796	1794		(2) flight from prosecution;
1797	1795		(3) the tampering with or destruction of evidence; or
1798	1796		(4) intimidation of potential witnesses.
1799	1797		(c) The service provider shall produce all electronic
1800	1798		customer data, contents of communications, and other information
1801	1799		sought, regardless of where the information is held and within the
1802	1800		period allowed for compliance with the warrant, as provided by
1803	1801		Subsection (a) or (b).
1804	1802		(d) A court may find any designated officer, designated
1805	1803		director, or designated owner of a company or entity in contempt of
1806	1804		court if the person by act or omission is responsible for the
1807	1805		failure of the company or entity to comply with the warrant within
1808	1806		the period allowed for compliance.
1809	1807		(e) The failure of a company or entity to timely deliver the
1810	1808		information sought in the warrant does not affect the admissibility
1811	1809		of that evidence in a criminal proceeding.
1812	1810		(f) On a service provider's compliance with a warrant issued
1813	1811		under Article 18B.354, an authorized peace officer shall file a
1814	1812		return of the warrant and a copy of the inventory of the seized
1815	1813		property as required under Article 18.10.
1816	1814		(g) A provider of an electronic communications service or a
1817	1815		provider of a remote computing service responding to a warrant
1818	1816		issued under Article 18B.354 may request an extension of the period
1819	1817		for compliance with the warrant if extenuating circumstances exist
1820	1818		to justify the extension. The district judge shall grant a request
1821	1819		for an extension based on those circumstances if:
1822	1820		(1) the authorized peace officer who applied for the
1823	1821		warrant or another appropriate authorized peace officer agrees to
1824	1822		the extension; or
1825	1823		(2) the district judge finds that the need for the
1826	1824		extension outweighs the likelihood that the extension will cause an
1827	1825		adverse circumstance described by Subsection (b). (Code Crim.
1828	1826		Proc., Art. 18.21, Secs. 5A(b) (part), (h) (part), (j), (l), (n).)
1829	1827		Art. 18B.357. WARRANT ISSUED IN THIS STATE: AUTHENTICATION
1830	1828		OF RECORDS BY SERVICE PROVIDER. If an authorized peace officer
1831	1829		serving a warrant under Article 18B.355 also delivers an affidavit
1832	1830		form to the provider of an electronic communications service or the
1833	1831		provider of a remote computing service responding to the warrant,
1834	1832		and the peace officer also notifies the service provider in writing
1835	1833		that an executed affidavit is required, the service provider shall
1836	1834		verify the authenticity of the customer data, contents of
1837	1835		communications, and other information produced in compliance with
1838	1836		the warrant by including with the information an affidavit form
1839	1837		that:
1840	1838		(1) is completed and sworn to by a person who is a
1841	1839		custodian of the information or a person otherwise qualified to
1842	1840		attest to the authenticity of the information; and
1843	1841		(2) states that the information was stored in the
1844	1842		course of regularly conducted business of the service provider and
1845	1843		specifies whether the regular practice of the service provider is
1846	1844		to store that information. (Code Crim. Proc., Art. 18.21, Sec.
1847	1845		5A(k).)
1848	1846		Art. 18B.358. WARRANT ISSUED IN ANOTHER STATE. Any
1849	1847		domestic entity that provides electronic communications services
1850	1848		or remote computing services to the public shall comply with a
1851	1849		warrant issued in another state and seeking information described
1852	1850		by Article 18B.354(a), if the warrant is served on the entity in a
1853	1851		manner equivalent to the service of process requirements provided
1854	1852		by Article 18B.355(b). (Code Crim. Proc., Art. 18.21, Sec. 5B.)
1855	1853		Art. 18B.359. GOVERNMENT ACCESS TO CERTAIN STORED CUSTOMER
1856	1854		DATA WITHOUT LEGAL PROCESS. (a) A provider of a telephonic
1857	1855		communications service shall disclose to an authorized peace
1858	1856		officer, without legal process, subscriber listing information,
1859	1857		including name, address, and telephone number or similar access
1860	1858		code:
1861	1859		(1) that the service provider provides to others in
1862	1860		the course of providing publicly available directory or similar
1863	1861		assistance; or
1864	1862		(2) that is solely for use in the dispatch of emergency
1865	1863		vehicles and personnel responding to a distress call directed to an
1866	1864		emergency dispatch system or when the information is reasonably
1867	1865		necessary to aid in the dispatching of emergency vehicles and
1868	1866		personnel for the immediate prevention of death, personal injury,
1869	1867		or destruction of property.
1870	1868		(b) A provider of a telephonic communications service shall
1871	1869		provide to an authorized peace officer the name of the subscriber of
1872	1870		record whose published telephone number is provided to the service
1873	1871		provider by an authorized peace officer. (Code Crim. Proc., Art.
1874	1872		18.21, Secs. 4(c), (d).)
1875	1873		SUBCHAPTER I. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER DATA
1876	1874		Art. 18B.401. BACKUP PRESERVATION OF ELECTRONIC CUSTOMER
1877	1875		DATA. (a) A subpoena or court order under Article 18B.351(b) for
1878	1876		disclosure of certain electronic customer data held in electronic
1879	1877		storage by a provider of an electronic communications service or a
1880	1878		provider of a remote computing service may, for the purpose of
1881	1879		preserving the customer data sought by the subpoena or court order,
1882	1880		require that service provider to create a copy of that data.
1883	1881		(b) The service provider shall create the copy within a
1884	1882		reasonable period as determined by the court issuing the subpoena
1885	1883		or court order.
1886	1884		(c) On creating a copy under this article, the service
1887	1885		provider shall immediately notify the authorized peace officer who
1888	1886		presented the subpoena or court order requesting the copy.
1889	1887		(d) The service provider may not inform the subscriber or
1890	1888		customer whose data is being sought that the subpoena or court order
1891	1889		has been issued. (Code Crim. Proc., Art. 18.21, Secs. 6(a), (b).)
1892	1890		Art. 18B.402. NOTICE TO SUBSCRIBER OR CUSTOMER. Not later
1893	1891		than the third day after the date of the receipt of the notice under
1894	1892		Article 18B.401(c) from the applicable service provider, the
1895	1893		authorized peace officer who presented the subpoena or court order
1896	1894		requesting the copy shall provide notice of the creation of the copy
1897	1895		to the subscriber or customer whose electronic customer data is the
1898	1896		subject of the subpoena or court order. (Code Crim. Proc., Art.
1899	1897		18.21, Secs. 6(b) (part), (c).)
1900	1898		Art. 18B.403. RELEASE OF COPY OF ELECTRONIC CUSTOMER DATA.
1901	1899		The provider of an electronic communications service or the
1902	1900		provider of a remote computing service shall release a copy created
1903	1901		under this subchapter to the requesting authorized peace officer
1904	1902		not earlier than the 14th day after the date of the peace officer's
1905	1903		notice to the subscriber or customer if the service provider has
1906	1904		not:
1907	1905		(1) initiated proceedings to challenge the request of
1908	1906		the peace officer for the copy; or
1909	1907		(2) received notice from the subscriber or customer
1910	1908		that the subscriber or customer has initiated proceedings to
1911	1909		challenge the request. (Code Crim. Proc., Art. 18.21, Sec. 6(d).)
1912	1910		Art. 18B.404. DESTRUCTION OF COPY OF ELECTRONIC CUSTOMER
1913	1911		DATA. The provider of an electronic communications service or the
1914	1912		provider of a remote computing service may not destroy or permit the
1915	1913		destruction of a copy created under this subchapter until the later
1916	1914		of:
1917	1915		(1) the delivery of electronic customer data to the
1918	1916		applicable law enforcement agency; or
1919	1917		(2) the resolution of any court proceedings, including
1920	1918		appeals of any proceedings, relating to the subpoena or court order
1921	1919		requesting the creation of the copy. (Code Crim. Proc., Art. 18.21,
1922	1920		Sec. 6(e).)
1923	1921		Art. 18B.405. REQUEST FOR COPY OF ELECTRONIC CUSTOMER DATA
1924	1922		BY AUTHORIZED PEACE OFFICER. (a) An authorized peace officer who
1925	1923		reasonably believes that notice to a subscriber or customer
1926	1924		regarding a subpoena or court order would result in the destruction
1927	1925		of or tampering with the electronic customer data sought may
1928	1926		request the creation of a copy of the data.
1929	1927		(b) The peace officer's belief is not subject to challenge
1930	1928		by the subscriber or customer or by a provider of an electronic
1931	1929		communications service or a provider of a remote computing service.
1932	1930		(Code Crim. Proc., Art. 18.21, Sec. 6(f).)
1933	1931		Art. 18B.406. PROCEEDINGS TO QUASH SUBPOENA OR VACATE COURT
1934	1932		ORDER. (a) Not later than the 14th day after the date a subscriber
1935	1933		or customer receives notice under Article 18B.402, the subscriber
1936	1934		or customer may file a written motion to quash the subpoena or
1937	1935		vacate the court order in the court that issued the subpoena or
1938	1936		court order. The motion must contain an affidavit or other sworn
1939	1937		statement stating:
1940	1938		(1) that the applicant is a subscriber or customer of
1941	1939		the provider of an electronic communications service or the
1942	1940		provider of a remote computing service from which the electronic
1943	1941		customer data held in electronic storage for the subscriber or
1944	1942		customer has been sought; and
1945	1943		(2) the applicant's reasons for believing that the
1946	1944		customer data sought is not relevant to a legitimate law
1947	1945		enforcement inquiry or that there has not been substantial
1948	1946		compliance with the provisions of this chapter in some other
1949	1947		respect.
1950	1948		(b) The subscriber or customer shall give written notice to
1951	1949		the applicable service provider of the challenge to the subpoena or
1952	1950		court order. The authorized peace officer requesting the subpoena
1953	1951		or court order must be served a copy of the filed papers by personal
1954	1952		delivery or by registered or certified mail.
1955	1953		(c) The court shall order the authorized peace officer to
1956	1954		file a sworn response to the motion filed by the subscriber or
1957	1955		customer if the court determines that the subscriber or customer
1958	1956		has complied with the requirements of Subsections (a) and (b). On
1959	1957		request of the peace officer, the court may permit the response to
1960	1958		be filed in camera. The court may conduct any additional
1961	1959		proceedings the court considers appropriate if the court is unable
1962	1960		to make a determination on the motion on the basis of the parties'
1963	1961		initial allegations and response.
1964	1962		(d) The court shall rule on the motion as soon as
1965	1963		practicable after the filing of the peace officer's response. The
1966	1964		court shall deny the motion if the court finds that the applicant is
1967	1965		not the subscriber or customer whose data is the subject of the
1968	1966		subpoena or court order or that there is reason to believe that the
1969	1967		peace officer's inquiry is legitimate and that the data sought is
1970	1968		relevant to that inquiry. The court shall quash the subpoena or
1971	1969		vacate the court order if the court finds that the applicant is the
1972	1970		subscriber or customer whose data is the subject of the subpoena or
1973	1971		court order and that there is not a reason to believe that the data
1974	1972		is relevant to a legitimate law enforcement inquiry or that there
1975	1973		has not been substantial compliance with the provisions of this
1976	1974		chapter.
1977	1975		(e) A court order denying a motion or application under this
1978	1976		article is not a final order, and an interlocutory appeal may not be
1979	1977		taken from the denial. (Code Crim. Proc., Art. 18.21, Secs. 6(g),
1980	1978		(h).)
1981	1979		SUBCHAPTER J. PRODUCTION OF CERTAIN BUSINESS RECORDS
1982	1980		Art. 18B.451. SUBPOENA AUTHORITY. The director of the
1983	1981		department or the director's designee, the inspector general of the
1984	1982		Texas Department of Criminal Justice or the inspector general's
1985	1983		designee, or the sheriff or chief of a designated law enforcement
1986	1984		agency or the sheriff's or chief's designee may issue an
1987	1985		administrative subpoena to a communication common carrier or a
1988	1986		provider of an electronic communications service to compel the
1989	1987		production of any carrier's or service provider's business records
1990	1988		that:
1991	1989		(1) disclose information about:
1992	1990		(A) the carrier's or service provider's
1993	1991		customers; or
1994	1992		(B) users of the services offered by the carrier
1995	1993		or service provider; and
1996	1994		(2) are material to a criminal investigation. (Code
1997	1995		Crim. Proc., Art. 18.21, Sec. 15(a).)
1998	1996		Art. 18B.452. REPORT OF ISSUANCE OF SUBPOENA. Not later
1999	1997		than the 30th day after the date on which an administrative subpoena
2000	1998		is issued under Article 18B.451, the inspector general of the Texas
2001	1999		Department of Criminal Justice or the sheriff or chief of a
2002	2000		designated law enforcement agency, as applicable, shall report to
2003	2001		the department the issuance of the subpoena. (Code Crim. Proc.,
2004	2002		Art. 18.21, Sec. 15(b).)
2005	2003		Art. 18B.453. COMPLIANCE WITH POLICY FOR INSTALLATION AND
2006	2004		USE OF EQUIPMENT. (a) If, based on a report received under Article
2007	2005		18B.452, the department determines that a designated law
2008	2006		enforcement office or agency is not in compliance with the policy
2009	2007		adopted by the office or agency under Article 18B.251, the
2010	2008		department shall notify the office or agency in writing that the
2011	2009		office or agency, as applicable, is not in compliance.
2012	2010		(b) If the department determines that the office or agency
2013	2011		still is not in compliance with the policy on the 90th day after the
2014	2012		date the office or agency receives written notice under this
2015	2013		article, the office or agency loses the authority granted by this
2016	2014		chapter until:
2017	2015		(1) the office or agency adopts a new written policy
2018	2016		governing the application of this chapter to the office or agency;
2019	2017		and
2020	2018		(2) the department approves that policy. (Code Crim.
2021	2019		Proc., Art. 18.21, Sec. 15(c).)
2022	2020		SUBCHAPTER K. SERVICE PROVIDER POWERS AND DUTIES
2023	2021		Art. 18B.501. PRECLUSION OF NOTIFICATION. (a) An
2024	2022		authorized peace officer seeking electronic customer data under
2025	2023		Article 18B.351 may apply to the court for an order commanding the
2026	2024		service provider to whom a warrant, subpoena, or court order is
2027	2025		directed not to disclose to any person the existence of the warrant,
2028	2026		subpoena, or court order. The order is effective for the period the
2029	2027		court considers appropriate.
2030	2028		(b) The court shall enter the order if the court determines
2031	2029		that there is reason to believe that notification of the existence
2032	2030		of the warrant, subpoena, or court order will have an adverse
2033	2031		result.
2034	2032		(c) In this article, an "adverse result" means:
2035	2033		(1) endangering the life or physical safety of an
2036	2034		individual;
2037	2035		(2) flight from prosecution;
2038	2036		(3) destruction of or tampering with evidence;
2039	2037		(4) intimidation of a potential witness; or
2040	2038		(5) otherwise seriously jeopardizing an investigation
2041	2039		or unduly delaying a trial. (Code Crim. Proc., Art. 18.21, Sec. 8.)
2042	2040		Art. 18B.502. DISCLOSURE BY SERVICE PROVIDER PROHIBITED.
2043	2041		(a) Except as provided by Subsection (c), a provider of an
2044	2042		electronic communications service may not knowingly divulge the
2045	2043		contents of a communication that is in electronic storage.
2046	2044		(b) Except as provided by Subsection (c), a provider of a
2047	2045		remote computing service may not knowingly divulge the contents of
2048	2046		a communication that:
2049	2047		(1) is in electronic storage on behalf of a subscriber
2050	2048		or customer of the service provider;
2051	2049		(2) is received by means of electronic transmission
2052	2050		from the subscriber or customer or created by means of computer
2053	2051		processing of communications received by means of electronic
2054	2052		transmission from the subscriber or customer; and
2055	2053		(3) is solely for the purpose of providing storage or
2056	2054		computer processing services to the subscriber or customer, if the
2057	2055		service provider is not authorized to obtain access to the contents
2058	2056		of that communication for purposes of providing any service other
2059	2057		than storage or computer processing.
2060	2058		(c) A provider of an electronic communications service or a
2061	2059		provider of a remote computing service may disclose the contents of
2062	2060		an electronically stored communication:
2063	2061		(1) to an intended recipient of the communication or
2064	2062		the intended recipient's agent;
2065	2063		(2) to the addressee or the addressee's agent;
2066	2064		(3) with the consent of the originator, to the
2067	2065		addressee or the intended recipient of the communication, or the
2068	2066		subscriber of a remote computing service;
2069	2067		(4) to a person whose facilities are used to transmit
2070	2068		the communication to its destination or the person's employee or
2071	2069		authorized representative;
2072	2070		(5) as may be necessary to provide the service or to
2073	2071		protect the property or rights of the service provider;
2074	2072		(6) to a law enforcement agency if the contents were
2075	2073		obtained inadvertently by the service provider and the contents
2076	2074		appear to pertain to the commission of an offense; or
2077	2075		(7) as authorized under federal or other state law.
2078	2076		(Code Crim. Proc., Art. 18.21, Sec. 11.)
2079	2077		Art. 18B.503. REIMBURSEMENT OF COSTS. (a) Except as
2080	2078		provided by Subsection (c), an authorized peace officer who obtains
2081	2079		electronic customer data under Article 18B.351 or 18B.359 or other
2082	2080		information under this chapter shall reimburse the person
2083	2081		assembling or providing the data or information for all costs that
2084	2082		are reasonably necessary and that have been directly incurred in
2085	2083		searching for, assembling, reproducing, or otherwise providing the
2086	2084		data or information, including costs arising from necessary
2087	2085		disruption of normal operations of a provider of an electronic
2088	2086		communications service or a provider of a remote computing service
2089	2087		in which the electronic customer data may be held in electronic
2090	2088		storage or in which the other information may be stored.
2091	2089		(b) The authorized peace officer and the person providing
2092	2090		the electronic customer data or other information may agree on the
2093	2091		amount of reimbursement. If there is not an agreement, the court
2094	2092		that issued the order for production of the data or information
2095	2093		shall determine the amount. If a court order was not issued for
2096	2094		production of the data or information, the court before which any
2097	2095		criminal prosecution relating to the data or information would be
2098	2096		brought shall determine the amount.
2099	2097		(c) Subsection (a) does not apply to records or other
2100	2098		information that is maintained by a communication common carrier
2101	2099		and that relates to telephone toll records or telephone listings
2102	2100		obtained under Article 18B.359(a), unless the court determines
2103	2101		that:
2104	2102		(1) the amount of information required was unusually
2105	2103		voluminous; or
2106	2104		(2) an undue burden was imposed on the service
2107	2105		provider. (Code Crim. Proc., Art. 18.21, Sec. 9.)
2108	2106		SUBCHAPTER L. REMEDIES
2109	2107		Art. 18B.551. CAUSE OF ACTION. (a) Except as provided by
2110	2108		Article 18B.552, a provider of an electronic communications service
2111	2109		or a provider of a remote computing service, or a subscriber or
2112	2110		customer of that service provider, that is aggrieved by a violation
2113	2111		of this chapter has a civil cause of action if the conduct
2114	2112		constituting the violation was committed knowingly or
2115	2113		intentionally and is entitled to:
2116	2114		(1) injunctive relief;
2117	2115		(2) reasonable attorney's fees and other litigation
2118	2116		costs reasonably incurred; and
2119	2117		(3) the amount of the actual damages suffered and any
2120	2118		profits made by the violator as a result of the violation or $1,000,
2121	2119		whichever is more.
2122	2120		(b) The reliance in good faith on a court order, warrant,
2123	2121		subpoena, or legislative authorization is a complete defense to any
2124	2122		civil action brought under this chapter.
2125	2123		(c) A civil action under this article may be presented not
2126	2124		later than the second anniversary of the date the claimant first
2127	2125		discovered or had reasonable opportunity to discover the violation.
2128	2126		(Code Crim. Proc., Art. 18.21, Sec. 12.)
2129	2127		Art. 18B.552. NO CAUSE OF ACTION. A subscriber or customer
2130	2128		of a provider of an electronic communications service or a provider
2131	2129		of a remote computing service does not have a cause of action
2132	2130		against a service provider or the service provider's officers,
2133	2131		employees, or agents or against other specified persons for
2134	2132		providing information, facilities, or assistance as required by a
2135	2133		court order, warrant, subpoena, or certification under this
2136	2134		chapter. (Code Crim. Proc., Art. 18.21, Sec. 10.)
2137	2135		Art. 18B.553. EXCLUSIVITY OF REMEDIES. The remedies and
2138	2136		sanctions under this chapter are the exclusive judicial remedies
2139	2137		and sanctions for a violation of this chapter, other than a
2140	2138		violation that infringes on a right of a party that is guaranteed by
2141	2139		a state or federal constitution. (Code Crim. Proc., Art. 18.21,
2142	2140		Sec. 13.)
2143	2141		SECTION 1.03. Title 1, Code of Criminal Procedure, is amended by adding Chapter 66 to read as follows:
2144	2142		CHAPTER 66. CRIMINAL HISTORY RECORD SYSTEM
2145	2143		SUBCHAPTER A. GENERAL PROVISIONS
2146	2144		Art. 66.001. DEFINITIONS
2147	2145		SUBCHAPTER B. CRIMINAL JUSTICE INFORMATION SYSTEM
2148	2146		Art. 66.051. PURPOSE AND FUNCTIONS
2149	2147		Art. 66.052. IMPLEMENTATION AND OPERATION OF CRIMINAL
2150	2148		JUSTICE INFORMATION SYSTEM
2151	2149		Art. 66.053. INFORMATION COLLECTED
2152	2150		Art. 66.054. FINGERPRINT AND ARREST INFORMATION IN
2153	2151		CRIMINAL JUSTICE INFORMATION SYSTEM
2154	2152		SUBCHAPTER C. COMPUTERIZED CRIMINAL HISTORY SYSTEM
2155	2153		Art. 66.101. COMPUTERIZED CRIMINAL HISTORY SYSTEM
2156	2154		DATABASE
2157	2155		Art. 66.102. INFORMATION CONTAINED IN COMPUTERIZED
2158	2156		CRIMINAL HISTORY SYSTEM
2159	2157		Art. 66.103. DUTIES OF TEXAS DEPARTMENT OF CRIMINAL
2160	2158		JUSTICE REGARDING CRIMINAL JUSTICE
2161	2159		INFORMATION SYSTEM
2162	2160		Art. 66.104. DUTIES OF LICENSING AGENCIES TO PROVIDE
2163	2161		INFORMATION REGARDING LICENSE HOLDERS
2164	2162		Art. 66.105. INFORMATION RELATED TO MISUSED IDENTITY
2165	2163		Art. 66.106. INFORMATION RELATED TO NON-FINGERPRINT
2166	2164		SUPPORTED ACTIONS
2167	2165		SUBCHAPTER D. CORRECTIONS TRACKING SYSTEM
2168	2166		Art. 66.151. CORRECTIONS TRACKING SYSTEM DATABASE
2169	2167		Art. 66.152. INFORMATION CONTAINED IN CORRECTIONS
2170	2168		TRACKING SYSTEM
2171	2169		SUBCHAPTER E. ACCESS TO INFORMATION IN CRIMINAL JUSTICE
2172	2170		INFORMATION SYSTEM
2173	2171		Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE
2174	2172		AGENCIES AND OTHER ENTITIES
2175	2173		Art. 66.202. REQUEST FOR DATA FILE FROM DATABASES
2176	2174		Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED
2177	2175		SUBCHAPTER F. DATA COLLECTION AND SUBMISSION
2178	2176		Art. 66.251. UNIFORM INCIDENT FINGERPRINT CARD
2179	2177		Art. 66.252. REPORTING OF INFORMATION BY LOCAL
2180	2178		ENTITIES
2181	2179		Art. 66.253. COMPATIBILITY OF DATA
2182	2180		Art. 66.254. ELECTRONIC REPORTING OF INFORMATION
2183	2181		Art. 66.255. INFORMATION ON SUBSEQUENT ARRESTS
2184	2182		SUBCHAPTER G. DUTIES OF CRIMINAL JUSTICE AGENCIES AND CERTAIN
2185	2183		COURT CLERKS
2186	2184		Art. 66.301. DUTIES OF CRIMINAL JUSTICE AGENCIES
2187	2185		Art. 66.302. PUBLIC DISCLOSURE NOT AUTHORIZED
2188	2186		Art. 66.303. PROHIBITED ACTS
2189	2187		Art. 66.304. APPLICABILITY TO DISTRICT COURT AND
2190	2188		COUNTY COURT CLERKS
2191	2189		SUBCHAPTER H. OVERSIGHT AND REPORTING
2192	2190		Art. 66.351. BIENNIAL PLANS
2193	2191		Art. 66.352. EXAMINATION OF RECORDS AND OPERATIONS
2194	2192		Art. 66.353. MONITORING AND REPORTING DUTIES OF
2195	2193		DEPARTMENT OF PUBLIC SAFETY
2196	2194		Art. 66.354. LOCAL DATA ADVISORY BOARDS
2197	2195		SUBCHAPTER I. GRANTS
2198	2196		Art. 66.401. GRANTS FOR CRIMINAL JUSTICE PROGRAMS
2199	2197		Art. 66.402. CERTIFICATION REQUIRED
2200	2198		CHAPTER 66. CRIMINAL HISTORY RECORD SYSTEM
2201	2199		SUBCHAPTER A. GENERAL PROVISIONS
2202	2200		Art. 66.001. DEFINITIONS. In this chapter:
2203	2201		(1) "Administration of criminal justice" means the
2204	2202		detection, apprehension, detention, pretrial release, post-trial
2205	2203		release, prosecution, adjudication, correctional supervision, or
2206	2204		rehabilitation of an offender. The term includes criminal
2207	2205		identification activities and the collection, storage, and
2208	2206		dissemination of criminal history record information.
2209	2207		(2) "Computerized criminal history system" means the
2210	2208		database containing arrest, disposition, and other criminal
2211	2209		history maintained by the Department of Public Safety.
2212	2210		(3) "Corrections tracking system" means the database
2213	2211		maintained by the Texas Department of Criminal Justice on all
2214	2212		offenders under the department's supervision.
2215	2213		(4) "Council" means the Criminal Justice Policy
2216	2214		Council.
2217	2215		(5) "Criminal justice agency" means a federal or state
2218	2216		agency that is engaged in the administration of criminal justice
2219	2217		under a statute or executive order and allocates a substantial part
2220	2218		of the agency's annual budget to the administration of criminal
2221	2219		justice.
2222	2220		(6) "Criminal justice information system" means the
2223	2221		computerized criminal history system and the corrections tracking
2224	2222		system.
2225	2223		(7) "Disposition" means an action that results in the
2226	2224		termination, transfer to another jurisdiction, or indeterminate
2227	2225		suspension of the prosecution of a criminal charge.
2228	2226		(8) "Electronic means" means the transmission of data
2229	2227		between word processors, data processors, or similar automated
2230	2228		information equipment over dedicated cables, commercial lines, or
2231	2229		other similar methods of transmission.
2232	2230		(9) "Incident number" means the unique number assigned
2233	2231		to a specific person during a specific arrest.
2234	2232		(10) "Offender" means any person who is assigned an
2235	2233		incident number.
2236	2234		(11) "Offense code" means the numeric code for each
2237	2235		offense category.
2238	2236		(12) "Release" means the termination of jurisdiction
2239	2237		over an individual by the criminal justice system.
2240	2238		(13) "State identification number" means the unique
2241	2239		number assigned by the Department of Public Safety to each person
2242	2240		whose name appears in the criminal justice information system.
2243	2241		(Code Crim. Proc., Arts. 60.01(1), (3), (4), (5), (6), (7), (8),
2244	2242		(9), (10), (11), (13), (14), (16).)
2245	2243		SUBCHAPTER B. CRIMINAL JUSTICE INFORMATION SYSTEM
2246	2244		Art. 66.051. PURPOSE AND FUNCTIONS. The criminal justice
2247	2245		information system shall be maintained to supply the state with a
2248	2246		system:
2249	2247		(1) that provides an accurate criminal history record
2250	2248		depository to:
2251	2249		(A) law enforcement officers; and
2252	2250		(B) criminal justice agencies for operational
2253	2251		decision making;
2254	2252		(2) from which accurate criminal justice system
2255	2253		modeling can be conducted; and
2256	2254		(3) that improves:
2257	2255		(A) the quality of data used to conduct impact
2258	2256		analyses of proposed legislative changes in the criminal justice
2259	2257		system; and
2260	2258		(B) the ability of interested parties to analyze
2261	2259		the functioning of the criminal justice system. (Code Crim. Proc.,
2262	2260		Art. 60.02(c).)
2263	2261		Art. 66.052. IMPLEMENTATION AND OPERATION OF CRIMINAL
2264	2262		JUSTICE INFORMATION SYSTEM. (a) The Department of Public Safety
2265	2263		shall designate offense codes and has the sole responsibility for
2266	2264		designating the state identification number for each person whose
2267	2265		name appears in the criminal justice information system.
2268	2266		(b) The Department of Public Safety and the Texas Department
2269	2267		of Criminal Justice shall implement a system to link the
2270	2268		computerized criminal history system and the corrections tracking
2271	2269		system. (Code Crim. Proc., Arts. 60.02(e), (f) (part).)
2272	2270		Art. 66.053. INFORMATION COLLECTED. For each arrest for a
2273	2271		felony or misdemeanor other than a misdemeanor punishable by fine
2274	2272		only, the criminal justice information system must include
2275	2273		information relating to:
2276	2274		(1) offenders;
2277	2275		(2) arrests;
2278	2276		(3) prosecutions;
2279	2277		(4) the disposition of cases by courts;
2280	2278		(5) sentencing; and
2281	2279		(6) the handling of offenders received by a
2282	2280		correctional agency, facility, or other institution. (Code Crim.
2283	2281		Proc., Art. 60.05.)
2284	2282		Art. 66.054. FINGERPRINT AND ARREST INFORMATION IN CRIMINAL
2285	2283		JUSTICE INFORMATION SYSTEM. (a) When a jurisdiction transmits
2286	2284		fingerprints and arrest information by a remote terminal accessing
2287	2285		the statewide automated fingerprint identification system, the
2288	2286		Department of Public Safety shall use that transmission to create:
2289	2287		(1) a permanent record in the criminal justice
2290	2288		information system; or
2291	2289		(2) a temporary arrest record in the criminal justice
2292	2290		information system to be maintained by the department until the
2293	2291		department receives and processes the physical copy of the arrest
2294	2292		information.
2295	2293		(b) The Department of Public Safety shall make available to
2296	2294		a criminal justice agency making a background criminal inquiry any
2297	2295		information contained in a temporary arrest record maintained by
2298	2296		the department, including a statement that a physical copy of the
2299	2297		arrest information was not available at the time the information
2300	2298		was entered in the criminal justice information system. (Code
2301	2299		Crim. Proc., Art. 60.12.)
2302	2300		SUBCHAPTER C. COMPUTERIZED CRIMINAL HISTORY SYSTEM
2303	2301		Art. 66.101. COMPUTERIZED CRIMINAL HISTORY SYSTEM
2304	2302		DATABASE. (a) The Department of Public Safety shall record data
2305	2303		and maintain the computerized criminal history system that serves
2306	2304		as the record creation point for criminal history information
2307	2305		maintained by the state.
2308	2306		(b) The computerized criminal history system must contain
2309	2307		the information required by this chapter.
2310	2308		(c) The Department of Public Safety shall operate the
2311	2309		computerized criminal history system and develop the necessary
2312	2310		interfaces in the system to accommodate inquiries from the
2313	2311		statewide automated fingerprint identification system implemented
2314	2312		by the department. (Code Crim. Proc., Arts. 60.02(b), (d), (g).)
2315	2313		Art. 66.102. INFORMATION CONTAINED IN COMPUTERIZED
2316	2314		CRIMINAL HISTORY SYSTEM. (a) In this article:
2317	2315		(1) "Appeal" means the review of a decision of a lower
2318	2316		court by a superior court other than by collateral attack.
2319	2317		(2) "Rejected case" means:
2320	2318		(A) a charge that, after the arrest of the
2321	2319		offender, the prosecutor declines to include in an information or
2322	2320		present to a grand jury; or
2323	2321		(B) an information or indictment that, after the
2324	2322		arrest of the offender, the prosecutor refuses to prosecute.
2325	2323		(b) Information in the computerized criminal history system
2326	2324		relating to an offender must include the offender's:
2327	2325		(1) name, including other names by which the offender
2328	2326		is known;
2329	2327		(2) date of birth;
2330	2328		(3) physical description, including sex, weight,
2331	2329		height, race, ethnicity, eye color, hair color, scars, marks, and
2332	2330		tattoos; and
2333	2331		(4) state identification number.
2334	2332		(c) Information in the computerized criminal history system
2335	2333		relating to an arrest must include:
2336	2334		(1) the offender's name;
2337	2335		(2) the offender's state identification number;
2338	2336		(3) the arresting law enforcement agency;
2339	2337		(4) the arrest charge, by offense code and incident
2340	2338		number;
2341	2339		(5) whether the arrest charge is a misdemeanor or
2342	2340		felony;
2343	2341		(6) the date of the arrest;
2344	2342		(7) the exact disposition of the case by a law
2345	2343		enforcement agency following the arrest; and
2346	2344		(8) the date of disposition of the case by the law
2347	2345		enforcement agency.
2348	2346		(d) Information in the computerized criminal history system
2349	2347		relating to a prosecution must include:
2350	2348		(1) each charged offense, by offense code and incident
2351	2349		number;
2352	2350		(2) the level of the offense charged or the degree of
2353	2351		the offense charged for each offense in Subdivision (1); and
2354	2352		(3) for a rejected case:
2355	2353		(A) the date of rejection;
2356	2354		(B) the offense code;
2357	2355		(C) the incident number; and
2358	2356		(D) whether the rejection is a result of a
2359	2357		successful pretrial diversion program.
2360	2358		(e) Information in the computerized criminal history system
2361	2359		relating to the disposition of a case other than a rejected case
2362	2360		must include:
2363	2361		(1) the final pleading to each charged offense and the
2364	2362		level of the offense;
2365	2363		(2) a listing of each charged offense disposed of by
2366	2364		the court and:
2367	2365		(A) the date of disposition;
2368	2366		(B) the offense code for the disposed charge and
2369	2367		incident number; and
2370	2368		(C) the type of disposition; and
2371	2369		(3) for a conviction that is appealed, the final court
2372	2370		decision and the final disposition of the offender's case on
2373	2371		appeal.
2374	2372		(f) Information in the computerized criminal history system
2375	2373		relating to sentencing must include for each sentence:
2376	2374		(1) the sentencing date;
2377	2375		(2) the sentence for each offense, by offense code and
2378	2376		incident number;
2379	2377		(3) if the offender was sentenced to confinement:
2380	2378		(A) the agency that receives custody of the
2381	2379		offender;
2382	2380		(B) the length of the sentence for each offense;
2383	2381		and
2384	2382		(C) if multiple sentences were ordered, whether
2385	2383		the sentences were ordered to be served consecutively or
2386	2384		concurrently;
2387	2385		(4) if the offender was sentenced to pay a fine, the
2388	2386		amount of the fine;
2389	2387		(5) if a sentence to pay a fine or to confinement was
2390	2388		ordered but was deferred, probated, suspended, or otherwise not
2391	2389		imposed:
2392	2390		(A) the length of the sentence or the amount of
2393	2391		the fine that was deferred, probated, suspended, or otherwise not
2394	2392		imposed; and
2395	2393		(B) the offender's name, offense code, and
2396	2394		incident number; and
2397	2395		(6) if a sentence other than a fine or confinement was
2398	2396		ordered, a description of the sentence ordered.
2399	2397		(g) The Department of Public Safety shall maintain in the
2400	2398		computerized criminal history system any information the
2401	2399		department maintains in the central database under Article 62.005.
2402	2400		(h) In addition to the information described by this
2403	2401		article, information in the computerized criminal history system
2404	2402		must include the age of the victim of the offense if the offender
2405	2403		was arrested for or charged with an offense under the following
2406	2404		provisions of the Penal Code:
2407	2405		(1) Section 20.04(a)(4) (Aggravated Kidnapping), if
2408	2406		the offender committed the offense with the intent to violate or
2409	2407		abuse the victim sexually;
2410	2408		(2) Section 20A.02 (Trafficking of Persons), if the
2411	2409		offender:
2412	2410		(A) trafficked a person with the intent or
2413	2411		knowledge that the person would engage in sexual conduct, as
2414	2412		defined by Section 43.25, Penal Code; or
2415	2413		(B) benefited from participating in a venture
2416	2414		that involved a trafficked person engaging in sexual conduct, as
2417	2415		defined by Section 43.25, Penal Code;
2418	2416		(3) Section 21.02 (Continuous Sexual Abuse of Young
2419	2417		Child or Children);
2420	2418		(4) Section 21.11 (Indecency with a Child);
2421	2419		(5) Section 22.011 (Sexual Assault) or 22.021
2422	2420		(Aggravated Sexual Assault);
2423	2421		(6) Section 30.02 (Burglary), if the offense is
2424	2422		punishable under Subsection (d) of that section and the offender
2425	2423		committed the offense with the intent to commit an offense
2426	2424		described by Subdivision (1), (4), or (5);
2427	2425		(7) Section 43.05(a)(2) (Compelling Prostitution); or
2428	2426		(8) Section 43.25 (Sexual Performance by a Child).
2429	2427		(Code Crim. Proc., Arts. 60.01(2), (12), 60.051.)
2430	2428		Art. 66.103. DUTIES OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE
2431	2429		REGARDING CRIMINAL JUSTICE INFORMATION SYSTEM. Data received by
2432	2430		the Texas Department of Criminal Justice that is required by the
2433	2431		Department of Public Safety for the preparation of a criminal
2434	2432		history record shall be made available to the computerized criminal
2435	2433		history system not later than the seventh day after the date on
2436	2434		which the Texas Department of Criminal Justice receives the request
2437	2435		for the data from the Department of Public Safety. (Code Crim.
2438	2436		Proc., Art. 60.02(f) (part).)
2439	2437		Art. 66.104. DUTIES OF LICENSING AGENCIES TO PROVIDE
2440	2438		INFORMATION REGARDING LICENSE HOLDERS. (a) The Texas Medical
2441	2439		Board, the Texas State Board of Podiatric Medical Examiners, the
2442	2440		State Board of Dental Examiners, the Texas State Board of Pharmacy,
2443	2441		the Texas State Board of Examiners of Psychologists, and the State
2444	2442		Board of Veterinary Medical Examiners shall provide to the
2445	2443		Department of Public Safety through electronic means, magnetic
2446	2444		tape, or disk, as specified by the department, a list of each person
2447	2445		licensed by the respective agency, including the person's name and
2448	2446		date of birth and any other personal descriptive information
2449	2447		required by the department. Each agency shall update the
2450	2448		information and submit the updated information quarterly to the
2451	2449		department.
2452	2450		(b) The Department of Public Safety shall:
2453	2451		(1) perform at least quarterly a computer match of the
2454	2452		licensing list against the convictions maintained in the
2455	2453		computerized criminal history system; and
2456	2454		(2) report to the appropriate licensing agency for
2457	2455		verification and administrative action, as considered appropriate
2458	2456		by the licensing agency, the name of any person found to have a
2459	2457		record of conviction, other than a defendant whose prosecution is
2460	2458		deferred during a period of community supervision without an
2461	2459		adjudication of guilt or a plea of guilty.
2462	2460		(c) The Department of Public Safety may charge a licensing
2463	2461		agency a fee not to exceed the actual direct cost incurred by the
2464	2462		department in performing a computer match and reporting to the
2465	2463		agency under Subsection (b).
2466	2464		(d) The transmission of information by electronic means
2467	2465		under Subsection (a) does not affect whether the information is
2468	2466		subject to disclosure under Chapter 552, Government Code. (Code
2469	2467		Crim. Proc., Art. 60.061.)
2470	2468		Art. 66.105. INFORMATION RELATED TO MISUSED IDENTITY. (a)
2471	2469		On receipt of information from a local law enforcement agency under
2472	2470		Article 2.28, the Department of Public Safety shall:
2473	2471		(1) provide the notice described by Article 2.28(1) to
2474	2472		the person whose identity was misused, if the local law enforcement
2475	2473		agency was unable to notify the person under that subdivision;
2476	2474		(2) take action to ensure that the information
2477	2475		maintained in the computerized criminal history system reflects the
2478	2476		use of the person's identity as a stolen alias; and
2479	2477		(3) notify the Texas Department of Criminal Justice
2480	2478		that the person's identifying information may have been falsely
2481	2479		used by an inmate in the custody of the Texas Department of Criminal
2482	2480		Justice.
2483	2481		(b) On receipt of a declaration under Section 411.0421,
2484	2482		Government Code, or on receipt of information similar to that
2485	2483		contained in a declaration filed under that section, the Department
2486	2484		of Public Safety shall separate information maintained in the
2487	2485		computerized criminal history system regarding an individual whose
2488	2486		identity has been misused from information maintained in that
2489	2487		system regarding the person who misused the identity. (Code Crim.
2490	2488		Proc., Art. 60.19.)
2491	2489		Art. 66.106. INFORMATION RELATED TO NON-FINGERPRINT
2492	2490		SUPPORTED ACTIONS. (a) On receipt of a report of prosecution or
2493	2491		court disposition information from a jurisdiction for which
2494	2492		corresponding arrest data does not exist in the computerized
2495	2493		criminal history system, the Department of Public Safety shall
2496	2494		enter the report into a non-fingerprint supported file that is
2497	2495		separate from the computerized criminal history system.
2498	2496		(b) The Department of Public Safety shall grant access to
2499	2497		records in a non-fingerprint supported file created under
2500	2498		Subsection (a) that include the subject's name or other identifier
2501	2499		in the same manner as the department is required to grant access to
2502	2500		criminal history record information under Subchapter F, Chapter
2503	2501		411, Government Code.
2504	2502		(c) On receipt of a report of arrest information that
2505	2503		corresponds to a record in a non-fingerprint supported file created
2506	2504		under Subsection (a), the Department of Public Safety shall
2507	2505		transfer the record from the non-fingerprint supported file to the
2508	2506		computerized criminal history system. (Code Crim. Proc., Art.
2509	2507		60.20.)
2510	2508		SUBCHAPTER D. CORRECTIONS TRACKING SYSTEM
2511	2509		Art. 66.151. CORRECTIONS TRACKING SYSTEM DATABASE. (a)
2512	2510		The Texas Department of Criminal Justice shall record data and
2513	2511		establish and maintain the corrections tracking system.
2514	2512		(b) The corrections tracking system must contain the
2515	2513		information required by this chapter. (Code Crim. Proc., Arts.
2516	2514		60.02(a), (d).)
2517	2515		Art. 66.152. INFORMATION CONTAINED IN CORRECTIONS TRACKING
2518	2516		SYSTEM. (a) Information in the corrections tracking system
2519	2517		relating to a sentence to be served under the jurisdiction of the
2520	2518		Texas Department of Criminal Justice must include:
2521	2519		(1) the offender's name;
2522	2520		(2) the offender's state identification number;
2523	2521		(3) the sentencing date;
2524	2522		(4) the sentence for each offense, by offense code and
2525	2523		incident number;
2526	2524		(5) if the offender was sentenced to imprisonment:
2527	2525		(A) the unit of imprisonment;
2528	2526		(B) the length of the sentence for each offense;
2529	2527		and
2530	2528		(C) if multiple sentences were ordered, whether
2531	2529		the sentences were ordered to be served consecutively or
2532	2530		concurrently; and
2533	2531		(6) if a sentence other than a fine or imprisonment was
2534	2532		ordered, a description of the sentence ordered.
2535	2533		(b) Sentencing information in the corrections tracking
2536	2534		system must also include the following information about each
2537	2535		community supervision, including deferred adjudication community
2538	2536		supervision, or other alternative to imprisonment ordered:
2539	2537		(1) each conviction for which a sentence was ordered
2540	2538		but was deferred, probated, suspended, or otherwise not imposed, by
2541	2539		offense code and incident number; and
2542	2540		(2) if a sentence or portion of a sentence of
2543	2541		imprisonment was deferred, probated, suspended, or otherwise not
2544	2542		imposed:
2545	2543		(A) the offense, the sentence, and the amount of
2546	2544		the sentence deferred, probated, suspended, or otherwise not
2547	2545		imposed;
2548	2546		(B) a statement of whether any return to
2549	2547		imprisonment or confinement was a condition of community
2550	2548		supervision or an alternative sentence;
2551	2549		(C) the community supervision and corrections
2552	2550		department exercising jurisdiction over the offender;
2553	2551		(D) the date the offender was received by a
2554	2552		community supervision and corrections department;
2555	2553		(E) any program in which the offender is placed
2556	2554		or has previously been placed and the level of supervision on which
2557	2555		the offender is placed while under the jurisdiction of a community
2558	2556		supervision and corrections department;
2559	2557		(F) the date a program described by Paragraph (E)
2560	2558		begins, the date the program ends, and whether the program was
2561	2559		completed successfully;
2562	2560		(G) the date a level of supervision described by
2563	2561		Paragraph (E) begins and the date the level of supervision ends;
2564	2562		(H) if the offender's community supervision is
2565	2563		revoked:
2566	2564		(i) the reason for the revocation and the
2567	2565		date of revocation, by offense code and incident number; and
2568	2566		(ii) other current sentences of community
2569	2567		supervision or other alternatives to confinement that have not been
2570	2568		revoked, by offense code and incident number; and
2571	2569		(I) the date of the offender's release from the
2572	2570		community supervision and corrections department.
2573	2571		(c) Information in the corrections tracking system relating
2574	2572		to the handling of offenders must include the following information
2575	2573		about each imprisonment, confinement, or execution of an offender:
2576	2574		(1) the date of the imprisonment or confinement;
2577	2575		(2) if the offender was sentenced to death:
2578	2576		(A) the date of execution; and
2579	2577		(B) if the death sentence was commuted, the
2580	2578		sentence to which the sentence of death was commuted and the date of
2581	2579		commutation;
2582	2580		(3) the date the offender was released from
2583	2581		imprisonment or confinement and whether the release was a discharge
2584	2582		or a release on parole or to mandatory supervision;
2585	2583		(4) if the offender is released on parole or to
2586	2584		mandatory supervision:
2587	2585		(A) the offense for which the offender was
2588	2586		convicted, by offense code and incident number;
2589	2587		(B) the date the offender was received by an
2590	2588		office of the parole division of the Texas Department of Criminal
2591	2589		Justice;
2592	2590		(C) the county in which the offender resides
2593	2591		while under supervision;
2594	2592		(D) any program in which the offender is placed
2595	2593		or has previously been placed and the level of supervision on which
2596	2594		the offender is placed while under the jurisdiction of the parole
2597	2595		division;
2598	2596		(E) the date a program described by Paragraph (D)
2599	2597		begins, the date the program ends, and whether the program was
2600	2598		completed successfully;
2601	2599		(F) the date a level of supervision described by
2602	2600		Paragraph (D) begins and the date the level of supervision ends;
2603	2601		(G) if the offender's release status is revoked,
2604	2602		the reason for the revocation and the date of revocation;
2605	2603		(H) the expiration date of the sentence; and
2606	2604		(I) the date on which the offender is:
2607	2605		(i) released from the parole division; or
2608	2606		(ii) granted clemency; and
2609	2607		(5) if the offender is released under Article
2610	2608		42A.202(b), the date of the offender's release. (Code Crim. Proc.,
2611	2609		Art. 60.052.)
2612	2610		SUBCHAPTER E. ACCESS TO INFORMATION IN CRIMINAL JUSTICE
2613	2611		INFORMATION SYSTEM
2614	2612		Art. 66.201. ACCESS TO DATABASES BY CRIMINAL JUSTICE
2615	2613		AGENCIES AND OTHER ENTITIES. (a) Criminal justice agencies, the
2616	2614		Legislative Budget Board, and the council are entitled to access
2617	2615		the databases of the Department of Public Safety, the Texas
2618	2616		Juvenile Justice Department, and the Texas Department of Criminal
2619	2617		Justice in accordance with applicable state or federal law or
2620	2618		regulations.
2621	2619		(b) The access granted by this article does not entitle a
2622	2620		criminal justice agency, the Legislative Budget Board, or the
2623	2621		council to add, delete, or alter data maintained by another agency.
2624	2622		(Code Crim. Proc., Art. 60.03(a).)
2625	2623		Art. 66.202. REQUEST FOR DATA FILE FROM DATABASES.
2626	2624		(a) The council or the Legislative Budget Board may submit to the
2627	2625		Department of Public Safety, the Texas Juvenile Justice Department,
2628	2626		and the Texas Department of Criminal Justice an annual request for a
2629	2627		data file containing data elements from the departments' systems.
2630	2628		(b) The Department of Public Safety, the Texas Juvenile
2631	2629		Justice Department, and the Texas Department of Criminal Justice
2632	2630		shall provide the council and the Legislative Budget Board with the
2633	2631		data file for the period requested, in accordance with state and
2634	2632		federal law and regulations.
2635	2633		(c) If the council submits a data file request other than
2636	2634		the annual data file request, the director of the agency
2637	2635		maintaining the requested records must approve the request.
2638	2636		(d) The Legislative Budget Board may submit a data file
2639	2637		request other than the annual data file request without the
2640	2638		approval of the director of the agency maintaining the requested
2641	2639		records. (Code Crim. Proc., Art. 60.03(b).)
2642	2640		Art. 66.203. PUBLIC DISCLOSURE OF DATA PROHIBITED. A
2643	2641		criminal justice agency, the council, and the Legislative Budget
2644	2642		Board may not disclose to the public information in an individual's
2645	2643		criminal history record if the record is protected by state or
2646	2644		federal law or regulation. (Code Crim. Proc., Art. 60.03(c).)
2647	2645		SUBCHAPTER F. DATA COLLECTION AND SUBMISSION
2648	2646		Art. 66.251. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
2649	2647		Department of Public Safety, in consultation with the council,
2650	2648		shall design, print, and distribute a uniform incident fingerprint
2651	2649		card to each law enforcement agency in this state.
2652	2650		(b) The uniform incident fingerprint card must be:
2653	2651		(1) serially numbered with an incident number in such
2654	2652		a manner that the individual incident of arrest may be readily
2655	2653		ascertained; and
2656	2654		(2) a multiple-part form that:
2657	2655		(A) has space for information relating to each
2658	2656		charge for which a person is arrested, the person's fingerprints,
2659	2657		and other information relevant to the arrest;
2660	2658		(B) can be transmitted with the offender through
2661	2659		the criminal justice process; and
2662	2660		(C) allows each law enforcement agency to report
2663	2661		required data to the Department of Public Safety or the Texas
2664	2662		Department of Criminal Justice.
2665	2663		(c) Subject to available telecommunications capacity, the
2666	2664		Department of Public Safety shall develop the capability to receive
2667	2665		the information on the uniform incident fingerprint card by
2668	2666		electronic means from a law enforcement agency. The information
2669	2667		must be in a form that is compatible with the form required for data
2670	2668		supplied to the criminal justice information system. (Code Crim.
2671	2669		Proc., Arts. 60.01(15), 60.07.)
2672	2670		Art. 66.252. REPORTING OF INFORMATION BY LOCAL ENTITIES.
2673	2671		(a) The Department of Public Safety and the Texas Department of
2674	2672		Criminal Justice by rule shall develop reporting procedures that:
2675	2673		(1) ensure that the offender processing data is
2676	2674		reported from the time an offender is arrested until the time an
2677	2675		offender is released; and
2678	2676		(2) provide measures and policies designed to identify
2679	2677		and eliminate redundant reporting of information to the criminal
2680	2678		justice information system.
2681	2679		(b) The arresting law enforcement agency shall prepare a
2682	2680		uniform incident fingerprint card described by Article 66.251 and
2683	2681		initiate the reporting process for each offender charged with a
2684	2682		felony or a misdemeanor other than a misdemeanor punishable by fine
2685	2683		only.
2686	2684		(c) The clerk of the court exercising jurisdiction over a
2687	2685		case shall report the disposition of the case to the Department of
2688	2686		Public Safety.
2689	2687		(d) Except as provided by Subsection (e) or as otherwise
2690	2688		required by applicable state law or rule, information or data
2691	2689		required by this chapter to be reported to the Department of Public
2692	2690		Safety or the Texas Department of Criminal Justice shall be
2693	2691		reported promptly but not later than the 30th day after the date on
2694	2692		which the information or data is received by the agency responsible
2695	2693		for reporting it.
2696	2694		(e) An offender's arrest shall be reported to the Department
2697	2695		of Public Safety not later than the seventh day after the date of
2698	2696		the arrest.
2699	2697		(f) A court that orders the release of an offender under
2700	2698		Article 42A.202(b) when the offender is under a bench warrant and
2701	2699		not physically imprisoned in the Texas Department of Criminal
2702	2700		Justice shall report the release to the department not later than
2703	2701		the seventh day after the date of the release. (Code Crim. Proc.,
2704	2702		Art. 60.08.)
2705	2703		Art. 66.253. COMPATIBILITY OF DATA. (a) Data supplied to
2706	2704		the criminal justice information system must:
2707	2705		(1) be compatible with the system; and
2708	2706		(2) contain both incident numbers and state
2709	2707		identification numbers.
2710	2708		(b) A discrete submission of information under this chapter
2711	2709		must contain, in conjunction with the required information, the
2712	2710		person's name and state identification number. (Code Crim. Proc.,
2713	2711		Art. 60.04.)
2714	2712		Art. 66.254. ELECTRONIC REPORTING OF INFORMATION. Whenever
2715	2713		possible, information relating to dispositions and subsequent
2716	2714		offender processing data shall be reported electronically. (Code
2717	2715		Crim. Proc., Art. 60.02(h).)
2718	2716		Art. 66.255. INFORMATION ON SUBSEQUENT ARRESTS. The
2719	2717		Department of Public Safety and the Texas Department of Criminal
2720	2718		Justice shall develop the capability to send by electronic means
2721	2719		information about the subsequent arrest of a person under
2722	2720		supervision to:
2723	2721		(1) the community supervision and corrections
2724	2722		department serving the court of original jurisdiction; or
2725	2723		(2) the district parole office supervising the person.
2726	2724		(Code Crim. Proc., Art. 60.18.)
2727	2725		SUBCHAPTER G. DUTIES OF CRIMINAL JUSTICE AGENCIES AND CERTAIN
2728	2726		COURT CLERKS
2729	2727		Art. 66.301. DUTIES OF CRIMINAL JUSTICE AGENCIES. (a) Each
2730	2728		criminal justice agency shall:
2731	2729		(1) compile and maintain records needed for reporting
2732	2730		data required by the Department of Public Safety and the Texas
2733	2731		Department of Criminal Justice;
2734	2732		(2) transmit to the Department of Public Safety and
2735	2733		the Texas Department of Criminal Justice, when and in the manner
2736	2734		each department directs, all data required by the appropriate
2737	2735		department;
2738	2736		(3) give the Department of Public Safety and the Texas
2739	2737		Department of Criminal Justice, or the departments' accredited
2740	2738		agents, access to the agency for the purpose of inspection to
2741	2739		determine the completeness and accuracy of data reported;
2742	2740		(4) cooperate with the Department of Public Safety and
2743	2741		the Texas Department of Criminal Justice so that each department
2744	2742		may properly and efficiently perform the department's duties under
2745	2743		this chapter; and
2746	2744		(5) cooperate with the Department of Public Safety
2747	2745		and the Texas Department of Criminal Justice to identify and
2748	2746		eliminate redundant reporting of information to the criminal
2749	2747		justice information system.
2750	2748		(b) An optical disk or other technology may be used instead
2751	2749		of microfilm as a medium to store information if allowed by the
2752	2750		applicable state laws or rules relating to the archiving of state
2753	2751		agency information. (Code Crim. Proc., Arts. 60.06(a), (d).)
2754	2752		Art. 66.302. PUBLIC DISCLOSURE NOT AUTHORIZED. (a) An
2755	2753		individual's identifiable description or a notation of an
2756	2754		individual's arrest, detention, indictment, information, or other
2757	2755		formal criminal charge and of any disposition of the charge,
2758	2756		including sentencing, correctional supervision, and release, that
2759	2757		is collected and compiled by the Department of Public Safety or the
2760	2758		Texas Department of Criminal Justice from criminal justice agencies
2761	2759		and maintained in a central location is not subject to public
2762	2760		disclosure except as authorized by federal or state law or
2763	2761		regulation.
2764	2762		(b) Subsection (a) does not apply to a document maintained
2765	2763		by a criminal justice agency that is the source of information
2766	2764		collected by the Department of Public Safety or the Texas
2767	2765		Department of Criminal Justice. Each criminal justice agency shall
2768	2766		retain the documents described by this subsection. (Code Crim.
2769	2767		Proc., Arts. 60.06(b), (c).)
2770	2768		Art. 66.303. PROHIBITED ACTS. An agency official may not
2771	2769		intentionally conceal or destroy any record with the intent to
2772	2770		violate this subchapter. (Code Crim. Proc., Art. 60.06(e).)
2773	2771		Art. 66.304. APPLICABILITY TO DISTRICT COURT AND COUNTY
2774	2772		COURT CLERKS. The duties imposed on a criminal justice agency under
2775	2773		this subchapter are also imposed on district court and county court
2776	2774		clerks. (Code Crim. Proc., Art. 60.06(f).)
2777	2775		SUBCHAPTER H. OVERSIGHT AND REPORTING
2778	2776		Art. 66.351. BIENNIAL PLANS. The Department of Public
2779	2777		Safety and the Texas Department of Criminal Justice, with advice
2780	2778		from the council and the Department of Information Resources, shall
2781	2779		develop biennial plans to:
2782	2780		(1) improve the reporting and accuracy of the criminal
2783	2781		justice information system; and
2784	2782		(2) develop and maintain monitoring systems capable of
2785	2783		identifying missing information. (Code Crim. Proc., Art.
2786	2784		60.02(i).)
2787	2785		Art. 66.352. EXAMINATION OF RECORDS AND OPERATIONS. (a) At
2788	2786		least once during each five-year period, the council shall
2789	2787		coordinate an examination of the records and operations of the
2790	2788		criminal justice information system to ensure:
2791	2789		(1) the accuracy and completeness of information in
2792	2790		the system; and
2793	2791		(2) the promptness of information reporting.
2794	2792		(b) The state auditor or other appropriate entity selected
2795	2793		by the council shall conduct the examination under Subsection (a)
2796	2794		with the cooperation of the council, the Department of Public
2797	2795		Safety, and the Texas Department of Criminal Justice.
2798	2796		(c) The council, the Department of Public Safety, and the
2799	2797		Texas Department of Criminal Justice may examine the records of the
2800	2798		agencies required to report information to the Department of Public
2801	2799		Safety or the Texas Department of Criminal Justice.
2802	2800		(d) The examining entity under Subsection (b) shall submit
2803	2801		to the legislature and the council a report that summarizes the
2804	2802		findings of each examination and contains recommendations for
2805	2803		improving the criminal justice information system.
2806	2804		(e) Not later than the first anniversary of the date the
2807	2805		examining entity under Subsection (b) submits a report under
2808	2806		Subsection (d), the Department of Public Safety shall report to the
2809	2807		Legislative Budget Board, the governor, and the council the
2810	2808		department's progress in implementing the examining entity's
2811	2809		recommendations, including the reason for not implementing any
2812	2810		recommendation.
2813	2811		(f) Each year following the submission of the report
2814	2812		described by Subsection (e), the Department of Public Safety shall
2815	2813		submit a similar report until each of the examining entity's
2816	2814		recommendations is implemented.
2817	2815		(g) Notwithstanding any other provision of this article,
2818	2816		work performed under this article by the state auditor is subject to
2819	2817		approval by the legislative audit committee for inclusion in the
2820	2818		audit plan under Section 321.013(c), Government Code. (Code Crim.
2821	2819		Proc., Arts. 60.02(j), (m).)
2822	2820		Art. 66.353. MONITORING AND REPORTING DUTIES OF DEPARTMENT
2823	2821		OF PUBLIC SAFETY. (a) The Department of Public Safety shall:
2824	2822		(1) monitor the submission of arrest and disposition
2825	2823		information by local jurisdictions;
2826	2824		(2) annually submit to the Legislative Budget Board,
2827	2825		the governor, the lieutenant governor, the state auditor, and the
2828	2826		standing committees in the senate and house of representatives with
2829	2827		primary jurisdiction over criminal justice and the department a
2830	2828		report regarding the level of reporting by local jurisdictions;
2831	2829		(3) identify local jurisdictions that do not report
2832	2830		arrest or disposition information or that partially report
2833	2831		information; and
2834	2832		(4) for use in determining the status of outstanding
2835	2833		dispositions, publish monthly on the department's Internet website
2836	2834		or in another electronic publication a report listing by local
2837	2835		jurisdiction each arrest for which there is no corresponding final
2838	2836		court disposition.
2839	2837		(b) The report described by Subsection (a)(2) must contain a
2840	2838		disposition completeness percentage for each county in this state.
2841	2839		For purposes of this subsection, "disposition completeness
2842	2840		percentage" means the percentage of arrest charges a county reports
2843	2841		to the Department of Public Safety, to be entered in the
2844	2842		computerized criminal history system under this chapter, that were
2845	2843		brought against a person in the county and for which a disposition
2846	2844		has been subsequently reported and entered in the computerized
2847	2845		criminal history system. (Code Crim. Proc., Arts. 60.21(b), (c).)
2848	2846		Art. 66.354. LOCAL DATA ADVISORY BOARDS. (a) The
2849	2847		commissioners court of each county may create a local data advisory
2850	2848		board to:
2851	2849		(1) analyze the structure of local automated and
2852	2850		manual data systems to identify redundant data entry and data
2853	2851		storage;
2854	2852		(2) develop recommendations for the commissioners to
2855	2853		improve the local data systems;
2856	2854		(3) develop recommendations, when appropriate, for
2857	2855		the effective electronic transfer of required data from local
2858	2856		agencies to state agencies; and
2859	2857		(4) perform any related duties to be determined by the
2860	2858		commissioners court.
2861	2859		(b) Local officials responsible for collecting, storing,
2862	2860		reporting, and using data may be appointed to a local data advisory
2863	2861		board.
2864	2862		(c) The council and the Department of Public Safety shall,
2865	2863		to the extent that resources allow, provide technical assistance
2866	2864		and advice on the request of a local data advisory board. (Code
2867	2865		Crim. Proc., Art. 60.09.)
2868	2866		SUBCHAPTER I. GRANTS
2869	2867		Art. 66.401. GRANTS FOR CRIMINAL JUSTICE PROGRAMS. The
2870	2868		council, the Department of Public Safety, the criminal justice
2871	2869		division of the governor's office, and the Department of
2872	2870		Information Resources cooperatively shall develop and adopt a grant
2873	2871		program, to be implemented by the criminal justice division at a
2874	2872		time and in a manner determined by the division, to aid local law
2875	2873		enforcement agencies, prosecutors, and court personnel in
2876	2874		obtaining equipment and training necessary to operate a
2877	2875		telecommunications network capable of:
2878	2876		(1) making inquiries to and receiving responses from
2879	2877		the statewide automated fingerprint identification system and from
2880	2878		the computerized criminal history system; and
2881	2879		(2) transmitting information to those systems. (Code
2882	2880		Crim. Proc., Art. 60.02(k).)
2883	2881		Art. 66.402. CERTIFICATION REQUIRED. Before allocating
2884	2882		money to a county from any federal or state grant program for the
2885	2883		enhancement of criminal justice programs, an agency of the state
2886	2884		must certify that, using all or part of the allocated money, the
2887	2885		county has taken or will take all action necessary to provide the
2888	2886		Department of Public Safety and the Texas Department of Criminal
2889	2887		Justice any criminal history records maintained by the county in
2890	2888		the manner specified for purposes of those departments. (Code
2891	2889		Crim. Proc., Art. 60.14.)
2892	2890		SECTION 1.04. Title 1, Code of Criminal Procedure, is amended by adding Chapter 67 to read as follows:
2893	2891		CHAPTER 67. COMPILATION OF INFORMATION PERTAINING TO COMBINATIONS
2894	2892		AND CRIMINAL STREET GANGS
2895	2893		SUBCHAPTER A. GENERAL PROVISIONS
2896	2894		Art. 67.001. DEFINITIONS
2897	2895		SUBCHAPTER B. INTELLIGENCE DATABASES
2898	2896		Art. 67.051. INTELLIGENCE DATABASES REQUIRED
2899	2897		Art. 67.052. DEPARTMENT INTELLIGENCE DATABASE
2900	2898		Art. 67.053. INTELLIGENCE DATABASE USER TRAINING;
2901	2899		RULES
2902	2900		Art. 67.054. SUBMISSION CRITERIA
2903	2901		SUBCHAPTER C. RELEASE AND USE OF INFORMATION
2904	2902		Art. 67.101. RELEASE AND USE OF INFORMATION
2905	2903		Art. 67.102. CRIMINAL INFORMATION RELATING TO CHILD
2906	2904		Art. 67.103. UNAUTHORIZED RELEASE OR USE OF CRIMINAL
2907	2905		INFORMATION; PENALTY
2908	2906		SUBCHAPTER D. REMOVAL OF INFORMATION
2909	2907		Art. 67.151. REMOVAL OF INFORMATION RELATING TO
2910	2908		INDIVIDUAL OTHER THAN CHILD
2911	2909		Art. 67.152. REMOVAL OF INFORMATION RELATING TO CHILD
2912	2910		SUBCHAPTER E. RIGHTS OF SUBJECT OF CRIMINAL INFORMATION
2913	2911		Art. 67.201. RIGHT TO REQUEST EXISTENCE OF CRIMINAL
2914	2912		INFORMATION
2915	2913		Art. 67.202. RIGHT TO REQUEST REVIEW OF CRIMINAL
2916	2914		INFORMATION
2917	2915		Art. 67.203. JUDICIAL REVIEW
2918	2916		SUBCHAPTER F. GANG RESOURCE SYSTEM
2919	2917		Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM
2920	2918		Art. 67.252. INFORMATION INCLUDED IN GANG RESOURCE
2921	2919		SYSTEM
2922	2920		Art. 67.253. INCLUSION OF CERTAIN INFORMATION PROHIBITED
2923	2921		Art. 67.254. COLLECTION OF INFORMATION
2924	2922		Art. 67.255. USE OF INFORMATION
2925	2923		Art. 67.256. ACCESS TO INFORMATION
2926	2924		SUBCHAPTER G. TEXAS VIOLENT GANG TASK FORCE
2927	2925		Art. 67.301. DEFINITION
2928	2926		Art. 67.302. PURPOSE
2929	2927		Art. 67.303. TASK FORCE MEMBERS
2930	2928		Art. 67.304. DUTIES OF TASK FORCE
2931	2929		Art. 67.305. DUTIES OF DEPARTMENT REGARDING TASK FORCE
2932	2930		CHAPTER 67. COMPILATION OF INFORMATION PERTAINING TO COMBINATIONS
2933	2931		AND CRIMINAL STREET GANGS
2934	2932		SUBCHAPTER A. GENERAL PROVISIONS
2935	2933		Art. 67.001. DEFINITIONS. In this chapter:
2936	2934		(1) "Administration of criminal justice" has the
2937	2935		meaning assigned by Article 66.001.
2938	2936		(2) "Child" has the meaning assigned by Section 51.02,
2939	2937		Family Code.
2940	2938		(3) "Combination" has the meaning assigned by Section
2941	2939		71.01, Penal Code.
2942	2940		(4) "Criminal activity" means conduct that is subject
2943	2941		to prosecution.
2944	2942		(5) "Criminal information" means facts, material,
2945	2943		photographs, or data reasonably related to the investigation or
2946	2944		prosecution of criminal activity.
2947	2945		(6) "Criminal justice agency" means:
2948	2946		(A) an entity defined as a criminal justice
2949	2947		agency under Article 66.001; or
2950	2948		(B) a municipal or county agency, or school
2951	2949		district law enforcement agency, that is engaged in the
2952	2950		administration of criminal justice under a statute or executive
2953	2951		order.
2954	2952		(7) "Criminal street gang" has the meaning assigned by
2955	2953		Section 71.01, Penal Code.
2956	2954		(8) "Department" means the Department of Public Safety
2957	2955		of the State of Texas.
2958	2956		(9) "Intelligence database" means a collection or
2959	2957		compilation of data organized for search and retrieval to evaluate,
2960	2958		analyze, disseminate, or use intelligence information relating to a
2961	2959		combination or criminal street gang for the purpose of
2962	2960		investigating or prosecuting a criminal offense.
2963	2961		(10) "Juvenile justice agency" has the meaning
2964	2962		assigned by Section 58.101, Family Code.
2965	2963		(11) "Law enforcement agency" does not include the
2966	2964		Texas Department of Criminal Justice, the Texas Juvenile Justice
2967	2965		Department, or a local juvenile probation department. (Code Crim.
2968	2966		Proc., Art. 61.01.)
2969	2967		SUBCHAPTER B. INTELLIGENCE DATABASES
2970	2968		Art. 67.051. INTELLIGENCE DATABASES REQUIRED. (a) Subject
2971	2969		to Subsection (b), a criminal justice agency or juvenile justice
2972	2970		agency shall compile criminal information into an intelligence
2973	2971		database for the purpose of investigating or prosecuting the
2974	2972		criminal activities of combinations or criminal street gangs.
2975	2973		(b) A law enforcement agency in a municipality with a
2976	2974		population of 50,000 or more or in a county with a population of
2977	2975		100,000 or more shall compile and maintain in a local or regional
2978	2976		intelligence database criminal information relating to a criminal
2979	2977		street gang as provided by Subsection (a). The agency must compile
2980	2978		and maintain the information in accordance with the criminal
2981	2979		intelligence systems operating policies established under 28
2982	2980		C.F.R. Section 23.1 et seq. and the submission criteria established
2983	2981		under Article 67.054(b).
2984	2982		(c) Information described by this article may be compiled on
2985	2983		paper, by computer, or in any other useful manner by a criminal
2986	2984		justice agency, juvenile justice agency, or law enforcement agency.
2987	2985		(d) A local law enforcement agency described by Subsection
2988	2986		(b) shall send to the department information the agency compiles
2989	2987		and maintains under this chapter. (Code Crim. Proc., Arts.
2990	2988		61.02(a), (b), (b-1), 61.03(c).)
2991	2989		Art. 67.052. DEPARTMENT INTELLIGENCE DATABASE. (a) The
2992	2990		department shall establish an intelligence database and shall
2993	2991		maintain information received from an agency under Article
2994	2992		67.051(d) in the database in accordance with the criminal
2995	2993		intelligence systems operating policies established under 28
2996	2994		C.F.R. Section 23.1 et seq. and the submission criteria under
2997	2995		Article 67.054(b).
2998	2996		(b) The department shall designate a code to distinguish
2999	2997		criminal information relating to a child and contained in the
3000	2998		department's intelligence database from criminal information
3001	2999		relating to an adult offender and contained in the database. (Code
3002	3000		Crim. Proc., Arts. 61.02(b) (part), 61.03(d), (e).)
3003	3001		Art. 67.053. INTELLIGENCE DATABASE USER TRAINING; RULES.
3004	3002		(a) The department shall enter into a memorandum of understanding
3005	3003		with the United States Department of Justice or other appropriate
3006	3004		federal department or agency to provide any person in this state who
3007	3005		enters information into or retrieves information from an
3008	3006		intelligence database described by this chapter with training
3009	3007		regarding the operating principles described by 28 C.F.R. Part 23,
3010	3008		as those principles relate to an intelligence database established
3011	3009		or maintained under this chapter.
3012	3010		(b) A person in this state who enters information into or
3013	3011		retrieves information from an intelligence database described by
3014	3012		this chapter shall complete continuing education training on the
3015	3013		material described by Subsection (a) at least once for each
3016	3014		continuous two-year period the person has primary responsibility
3017	3015		for performing a function described by this subsection.
3018	3016		(c) The department shall adopt rules necessary to implement
3019	3017		this article. (Code Crim. Proc., Art. 61.12.)
3020	3018		Art. 67.054. SUBMISSION CRITERIA. (a) In this article:
3021	3019		(1) "Family member" means a person related to another
3022	3020		person within the third degree by consanguinity or affinity, as
3023	3021		described by Subchapter B, Chapter 573, Government Code, except
3024	3022		that the term does not include a person who is considered to be
3025	3023		related to another person by affinity only as described by Section
3026	3024		573.024(b), Government Code.
3027	3025		(2) "Penal institution" means:
3028	3026		(A) a confinement facility operated by or under
3029	3027		contract with any division of the Texas Department of Criminal
3030	3028		Justice;
3031	3029		(B) a confinement facility operated by or under
3032	3030		contract with the Texas Juvenile Justice Department;
3033	3031		(C) a juvenile secure pre-adjudication or
3034	3032		post-adjudication facility operated by or under a local juvenile
3035	3033		probation department; or
3036	3034		(D) a county jail.
3037	3035		(b) Criminal information collected under this chapter
3038	3036		relating to a criminal street gang must:
3039	3037		(1) be relevant to the identification of an
3040	3038		organization that is reasonably suspected of involvement in
3041	3039		criminal activity; and
3042	3040		(2) consist of:
3043	3041		(A) a judgment under any law that includes, as a
3044	3042		finding or as an element of a criminal offense, participation in a
3045	3043		criminal street gang;
3046	3044		(B) a self-admission by an individual of criminal
3047	3045		street gang membership that is made during a judicial proceeding;
3048	3046		or
3049	3047		(C) except as provided by Subsection (c), any two
3050	3048		of the following:
3051	3049		(i) a self-admission by the individual of
3052	3050		criminal street gang membership that is not made during a judicial
3053	3051		proceeding, including the use of the Internet or other electronic
3054	3052		format or medium to post photographs or other documentation
3055	3053		identifying the individual as a member of a criminal street gang;
3056	3054		(ii) an identification of the individual as
3057	3055		a criminal street gang member by a reliable informant or other
3058	3056		individual;
3059	3057		(iii) a corroborated identification of the
3060	3058		individual as a criminal street gang member by an informant or other
3061	3059		individual of unknown reliability;
3062	3060		(iv) evidence that the individual frequents
3063	3061		a documented area of a criminal street gang and associates with
3064	3062		known criminal street gang members;
3065	3063		(v) evidence that the individual uses, in
3066	3064		more than an incidental manner, criminal street gang dress, hand
3067	3065		signals, tattoos, or symbols, including expressions of letters,
3068	3066		numbers, words, or marks, regardless of how or the means by which
3069	3067		the symbols are displayed, that are associated with a criminal
3070	3068		street gang that operates in an area frequented by the individual
3071	3069		and described by Subparagraph (iv);
3072	3070		(vi) evidence that the individual has been
3073	3071		arrested or taken into custody with known criminal street gang
3074	3072		members for an offense or conduct consistent with criminal street
3075	3073		gang activity;
3076	3074		(vii) evidence that the individual has
3077	3075		visited a known criminal street gang member, other than a family
3078	3076		member of the individual, while the gang member is confined in or
3079	3077		committed to a penal institution; or
3080	3078		(viii) evidence of the individual's use of
3081	3079		technology, including the Internet, to recruit new criminal street
3082	3080		gang members.
3083	3081		(c) Evidence described by Subsections (b)(2)(C)(iv) and
3084	3082		(vii) is not sufficient to create the eligibility of a person's
3085	3083		information to be included in an intelligence database described by
3086	3084		this chapter unless the evidence is combined with information
3087	3085		described by another subparagraph of Subsection (b)(2)(C). (Code
3088	3086		Crim. Proc., Arts. 61.02(c), (d), (e).)
3089	3087		SUBCHAPTER C. RELEASE AND USE OF INFORMATION
3090	3088		Art. 67.101. RELEASE AND USE OF INFORMATION. (a) On
3091	3089		request, a criminal justice agency may release information
3092	3090		maintained under this chapter to:
3093	3091		(1) another criminal justice agency;
3094	3092		(2) a court; or
3095	3093		(3) a defendant in a criminal proceeding who is
3096	3094		entitled to the discovery of the information under Chapter 39.
3097	3095		(b) A criminal justice agency or court may use information
3098	3096		received under this article or Article 67.051(d) or 67.052 only for
3099	3097		the administration of criminal justice.
3100	3098		(c) A defendant may use information received under this
3101	3099		article or Article 67.051(d) or 67.052 only for a defense in a
3102	3100		criminal proceeding. (Code Crim. Proc., Arts. 61.03(a), (b).)
3103	3101		Art. 67.102. CRIMINAL INFORMATION RELATING TO CHILD. (a)
3104	3102		Notwithstanding Chapter 58, Family Code, criminal information
3105	3103		relating to a child associated with a combination or criminal
3106	3104		street gang may be compiled and released under this chapter
3107	3105		regardless of the age of the child.
3108	3106		(b) A criminal justice agency or juvenile justice agency may
3109	3107		release information maintained under this chapter to an attorney
3110	3108		representing a child who is a party to a proceeding under Title 3,
3111	3109		Family Code, if the juvenile court determines the information:
3112	3110		(1) is material to the proceeding; and
3113	3111		(2) is not privileged under law.
3114	3112		(c) An attorney may use information received under this
3115	3113		article only for a child's defense in a proceeding under Title 3,
3116	3114		Family Code.
3117	3115		(d) The governing body of a county or municipality served by
3118	3116		a law enforcement agency described by Article 67.051(b) may adopt a
3119	3117		policy to notify the parent or guardian of a child of the agency's
3120	3118		observations relating to the child's association with a criminal
3121	3119		street gang. (Code Crim. Proc., Art. 61.04.)
3122	3120		Art. 67.103. UNAUTHORIZED RELEASE OR USE OF CRIMINAL
3123	3121		INFORMATION; PENALTY. (a) A person commits an offense if the
3124	3122		person knowingly:
3125	3123		(1) uses criminal information obtained under this
3126	3124		chapter for an unauthorized purpose; or
3127	3125		(2) releases the information to a person who is not
3128	3126		entitled to the information.
3129	3127		(b) An offense under this article is a Class A misdemeanor.
3130	3128		(Code Crim. Proc., Art. 61.05.)
3131	3129		SUBCHAPTER D. REMOVAL OF INFORMATION
3132	3130		Art. 67.151. REMOVAL OF INFORMATION RELATING TO INDIVIDUAL
3133	3131		OTHER THAN CHILD. (a) This article does not apply to information
3134	3132		collected under this chapter by the Texas Department of Criminal
3135	3133		Justice or the Texas Juvenile Justice Department.
3136	3134		(b) Subject to Subsection (c), information collected under
3137	3135		this chapter relating to a criminal street gang must be removed
3138	3136		after five years from an intelligence database established under
3139	3137		Article 67.051 and the intelligence database maintained by the
3140	3138		department under Article 67.052 if:
3141	3139		(1) the information relates to the investigation or
3142	3140		prosecution of criminal activity engaged in by an individual other
3143	3141		than a child; and
3144	3142		(2) the individual who is the subject of the
3145	3143		information has not been arrested for criminal activity reported to
3146	3144		the department under Chapter 66.
3147	3145		(c) The five-year period described by Subsection (b) does
3148	3146		not include any period during which the individual who is the
3149	3147		subject of the information is:
3150	3148		(1) confined in a correctional facility operated by or
3151	3149		under contract with the Texas Department of Criminal Justice;
3152	3150		(2) committed to a secure correctional facility, as
3153	3151		defined by Section 51.02, Family Code, operated by or under
3154	3152		contract with the Texas Juvenile Justice Department; or
3155	3153		(3) confined in a county jail or confined in or
3156	3154		committed to a facility operated by a juvenile board in lieu of
3157	3155		being confined in a correctional facility described by Subdivision
3158	3156		(1) or committed to a secure correctional facility described by
3159	3157		Subdivision (2). (Code Crim. Proc., Art. 61.06.)
3160	3158		Art. 67.152. REMOVAL OF INFORMATION RELATING TO CHILD. (a)
3161	3159		This article does not apply to information collected under this
3162	3160		chapter by the Texas Department of Criminal Justice or the Texas
3163	3161		Juvenile Justice Department.
3164	3162		(b) Subject to Subsection (c), information collected under
3165	3163		this chapter relating to a criminal street gang must be removed
3166	3164		after two years from an intelligence database established under
3167	3165		Article 67.051 and the intelligence database maintained by the
3168	3166		department under Article 67.052 if:
3169	3167		(1) the information relates to the investigation or
3170	3168		prosecution of criminal activity engaged in by a child; and
3171	3169		(2) the child who is the subject of the information has
3172	3170		not been:
3173	3171		(A) arrested for criminal activity reported to
3174	3172		the department under Chapter 66; or
3175	3173		(B) taken into custody for delinquent conduct
3176	3174		reported to the department under Chapter 58, Family Code.
3177	3175		(c) The two-year period described by Subsection (b) does not
3178	3176		include any period during which the child who is the subject of the
3179	3177		information is:
3180	3178		(1) committed to the Texas Juvenile Justice Department
3181	3179		for conduct that violates a penal law of the grade of felony; or
3182	3180		(2) confined in the Texas Department of Criminal
3183	3181		Justice. (Code Crim. Proc., Art. 61.07.)
3184	3182		SUBCHAPTER E. RIGHTS OF SUBJECT OF CRIMINAL INFORMATION
3185	3183		Art. 67.201. RIGHT TO REQUEST EXISTENCE OF CRIMINAL
3186	3184		INFORMATION. (a) A person or the parent or guardian of a child may
3187	3185		request that a law enforcement agency determine whether the agency
3188	3186		has collected or is maintaining, under submission criteria
3189	3187		established under Article 67.054(b), criminal information relating
3190	3188		solely to the person or child. The law enforcement agency shall
3191	3189		respond to the request not later than the 10th business day after
3192	3190		the date the agency receives the request.
3193	3191		(b) Before responding to a request under Subsection (a), a
3194	3192		law enforcement agency may require reasonable written verification
3195	3193		of the identity of the person making the request and the
3196	3194		relationship between the parent or guardian and the child, if
3197	3195		applicable, including written verification of an address, date of
3198	3196		birth, driver's license number, state identification card number,
3199	3197		or social security number. (Code Crim. Proc., Art. 61.075.)
3200	3198		Art. 67.202. RIGHT TO REQUEST REVIEW OF CRIMINAL
3201	3199		INFORMATION. (a) On receipt of a written request of a person or the
3202	3200		parent or guardian of a child that includes a showing by the person
3203	3201		or the parent or guardian that a law enforcement agency may have
3204	3202		collected criminal information under this chapter relating to the
3205	3203		person or child that is inaccurate or does not comply with the
3206	3204		submission criteria under Article 67.054(b), the head of the agency
3207	3205		or the designee of the agency head shall review criminal
3208	3206		information collected by the agency under this chapter relating to
3209	3207		the person or child to determine if:
3210	3208		(1) reasonable suspicion exists to believe that the
3211	3209		information is accurate; and
3212	3210		(2) the information complies with the submission
3213	3211		criteria established under Article 67.054(b).
3214	3212		(b) If, after conducting a review of criminal information
3215	3213		under Subsection (a), the agency head or designee determines that
3216	3214		reasonable suspicion does not exist to believe that the information
3217	3215		is accurate, or determines that the information does not comply
3218	3216		with the submission criteria, the agency shall:
3219	3217		(1) destroy all records containing the information;
3220	3218		and
3221	3219		(2) notify the department and the person who requested
3222	3220		the review of the agency's determination and the destruction of the
3223	3221		records.
3224	3222		(c) If, after conducting a review of criminal information
3225	3223		under Subsection (a), the agency head or designee determines that
3226	3224		reasonable suspicion exists to believe that the information is
3227	3225		accurate, and determines that the information complies with the
3228	3226		submission criteria, the agency shall notify the person who
3229	3227		requested the review:
3230	3228		(1) of the agency's determination; and
3231	3229		(2) that the person is entitled to seek judicial
3232	3230		review of the agency's determination under Article 67.203.
3233	3231		(d) On receipt of notice under Subsection (b)(2), the
3234	3232		department immediately shall destroy all records containing the
3235	3233		information that is the subject of the notice in the intelligence
3236	3234		database maintained by the department under Article 67.052.
3237	3235		(e) A person who is committed to the Texas Juvenile Justice
3238	3236		Department or confined in the Texas Department of Criminal Justice
3239	3237		does not, while committed or confined, have the right to request
3240	3238		review of criminal information under this article. (Code Crim.
3241	3239		Proc., Art. 61.08.)
3242	3240		Art. 67.203. JUDICIAL REVIEW. (a) A person who is entitled
3243	3241		to seek judicial review of a determination made under Article
3244	3242		67.202(c) may file a petition for review in district court in the
3245	3243		county in which the person resides.
3246	3244		(b) On the filing of a petition for review under Subsection
3247	3245		(a), the district court shall conduct an in camera review of the
3248	3246		criminal information that is the subject of the determination to
3249	3247		determine if:
3250	3248		(1) reasonable suspicion exists to believe that the
3251	3249		information is accurate; and
3252	3250		(2) the information complies with the submission
3253	3251		criteria under Article 67.054(b).
3254	3252		(c) If, after conducting an in camera review of criminal
3255	3253		information under Subsection (b), the court finds that reasonable
3256	3254		suspicion does not exist to believe that the information is
3257	3255		accurate, or finds that the information does not comply with the
3258	3256		submission criteria, the court shall:
3259	3257		(1) order the law enforcement agency that collected
3260	3258		the information to destroy all records containing the information;
3261	3259		and
3262	3260		(2) notify the department of the court's determination
3263	3261		and the destruction of the records.
3264	3262		(d) A petitioner may appeal a final judgment of a district
3265	3263		court conducting an in camera review under this article.
3266	3264		(e) Information that is the subject of an in camera review
3267	3265		under this article is confidential and may not be disclosed. (Code
3268	3266		Crim. Proc., Art. 61.09.)
3269	3267		SUBCHAPTER F. GANG RESOURCE SYSTEM
3270	3268		Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
3271	3269		office of the attorney general shall establish an electronic gang
3272	3270		resource system to provide criminal justice agencies and juvenile
3273	3271		justice agencies with information about criminal street gangs in
3274	3272		this state. (Code Crim. Proc., Art. 61.11(a) (part).)
3275	3273		Art. 67.252. INFORMATION INCLUDED IN GANG RESOURCE SYSTEM.
3276	3274		(a) The gang resource system established under Article 67.251 may
3277	3275		include the following information with regard to any gang:
3278	3276		(1) gang name;
3279	3277		(2) gang identifiers, such as colors used, tattoos,
3280	3278		and clothing preferences;
3281	3279		(3) criminal activities;
3282	3280		(4) migration trends;
3283	3281		(5) recruitment activities; and
3284	3282		(6) a local law enforcement contact.
3285	3283		(b) Information in the gang resource system shall be
3286	3284		accessible according to:
3287	3285		(1) municipality or county; and
3288	3286		(2) gang name.
3289	3287		(c) The office of the attorney general may coordinate with
3290	3288		the Texas Department of Criminal Justice to include information in
3291	3289		the gang resource system regarding groups that have been identified
3292	3290		by the Security Threat Group Management Office of the Texas
3293	3291		Department of Criminal Justice. (Code Crim. Proc., Arts. 61.11(a)
3294	3292		(part), (g), (h).)
3295	3293		Art. 67.253. INCLUSION OF CERTAIN INFORMATION PROHIBITED.
3296	3294		Information relating to the identity of a specific offender or
3297	3295		alleged offender may not be maintained in the gang resource system.
3298	3296		(Code Crim. Proc., Art. 61.11(d).)
3299	3297		Art. 67.254. COLLECTION OF INFORMATION. (a) On request by
3300	3298		the office of the attorney general, a criminal justice agency or
3301	3299		juvenile justice agency shall make a reasonable attempt to provide
3302	3300		gang information to the office of the attorney general for the
3303	3301		purpose of maintaining an updated, comprehensive gang resource
3304	3302		system.
3305	3303		(b) The office of the attorney general shall cooperate with
3306	3304		criminal justice agencies and juvenile justice agencies in
3307	3305		collecting and maintaining the accuracy of the information included
3308	3306		in the gang resource system. (Code Crim. Proc., Arts. 61.11(b),
3309	3307		(c).)
3310	3308		Art. 67.255. USE OF INFORMATION. Information in the gang
3311	3309		resource system may be used in investigating gang-related crimes.
3312	3310		Information from the system may be included in an affidavit or
3313	3311		subpoena or used in connection with any other legal or judicial
3314	3312		proceeding only if the information is corroborated by information
3315	3313		not provided by or maintained in the system. (Code Crim. Proc.,
3316	3314		Art. 61.11(e).)
3317	3315		Art. 67.256. ACCESS TO INFORMATION. Access to the gang
3318	3316		resource system shall be limited to criminal justice agency
3319	3317		personnel and juvenile justice agency personnel. (Code Crim.
3320	3318		Proc., Art. 61.11(f).)
3321	3319		SUBCHAPTER G. TEXAS VIOLENT GANG TASK FORCE
3322	3320		Art. 67.301. DEFINITION. In this subchapter, "task force"
3323	3321		means the Texas Violent Gang Task Force. (Code Crim. Proc., Art.
3324	3322		61.10(a).)
3325	3323		Art. 67.302. PURPOSE. The purpose of the task force is to
3326	3324		form a strategic partnership among local, state, and federal
3327	3325		criminal justice, juvenile justice, and correctional agencies to
3328	3326		better enable those agencies to take a proactive stance toward
3329	3327		tracking gang activity and the growth and spread of gangs
3330	3328		statewide. (Code Crim. Proc., Art. 61.10(b).)
3331	3329		Art. 67.303. TASK FORCE MEMBERS. The task force shall
3332	3330		consist of:
3333	3331		(1) a representative of the department designated by
3334	3332		the director of the department;
3335	3333		(2) two representatives of the Texas Department of
3336	3334		Criminal Justice, including a representative of the parole
3337	3335		division, designated by the executive director of that agency;
3338	3336		(3) a representative of the office of the inspector
3339	3337		general of the Texas Department of Criminal Justice designated by
3340	3338		the inspector general;
3341	3339		(4) two representatives of the Texas Juvenile Justice
3342	3340		Department designated by the executive director of that agency;
3343	3341		(5) a representative of the office of the attorney
3344	3342		general designated by the attorney general;
3345	3343		(6) six representatives who are local law enforcement
3346	3344		officers or local community supervision personnel, including
3347	3345		juvenile probation personnel, designated by the governor;
3348	3346		(7) two representatives who are local prosecutors
3349	3347		designated by the governor; and
3350	3348		(8) a representative of the Texas Alcoholic Beverage
3351	3349		Commission designated by the executive director of that agency.
3352	3350		(Code Crim. Proc., Art. 61.10(f).)
3353	3351		Art. 67.304. DUTIES OF TASK FORCE. (a) The task force
3354	3352		shall focus its efforts on:
3355	3353		(1) developing, through regional task force meetings,
3356	3354		a statewide networking system that will provide timely access to
3357	3355		gang information;
3358	3356		(2) establishing communication between different
3359	3357		criminal justice, juvenile justice, and correctional agencies,
3360	3358		combining independent agency resources, and joining agencies
3361	3359		together in a cooperative effort to focus on gang membership, gang
3362	3360		activity, and gang migration trends; and
3363	3361		(3) forming a working group of criminal justice,
3364	3362		juvenile justice, and correctional representatives from throughout
3365	3363		this state to discuss specific cases and investigations involving
3366	3364		gangs and other related gang activities.
3367	3365		(b) The task force may take any other actions necessary to
3368	3366		accomplish the purposes of this subchapter.
3369	3367		(c) If practicable, the task force shall consult with
3370	3368		representatives from one or more United States attorneys' offices
3371	3369		in this state and with representatives from the following federal
3372	3370		agencies who are available and assigned to a duty station in this
3373	3371		state:
3374	3372		(1) the Federal Bureau of Investigation;
3375	3373		(2) the Federal Bureau of Prisons;
3376	3374		(3) the United States Drug Enforcement
3377	3375		Administration;
3378	3376		(4) United States Immigration and Customs
3379	3377		Enforcement;
3380	3378		(5) United States Customs and Border Protection;
3381	3379		(6) the Bureau of Alcohol, Tobacco, Firearms and
3382	3380		Explosives;
3383	3381		(7) the United States Marshals Service; and
3384	3382		(8) the United States Probation and Pretrial Services
3385	3383		System. (Code Crim. Proc., Arts. 61.10(c), (d), (g).)
3386	3384		Art. 67.305. DUTIES OF DEPARTMENT REGARDING TASK FORCE.
3387	3385		The department shall support the task force to assist in
3388	3386		coordinating statewide antigang initiatives. (Code Crim. Proc.,
3389	3387		Art. 61.10(e).)
3390	3388		ARTICLE 2. CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND 18.21,
3391	3389		CODE OF CRIMINAL PROCEDURE: CHAPTER 16, PENAL CODE
3392	3390		SECTION 2.01. Sections 16.02(a), (b), (c), (d), (e), and
3393	3391		(e-1), Penal Code, are amended to read as follows:
3394	3392		(a) In this section:
3395	3393		(1) "Communication [, "computer trespasser," "covert
3396	3394		entry," "communication] common carrier," "computer trespasser,"
3397	3395		"contents," "covert entry," "electronic communication,"
3398	3396		["electronic, mechanical, or other device," "immediate
3399	3397		life-threatening situation,"] "intercept," "interception device,"
3400	3398		"investigative or law enforcement officer," ["member of a law
3401	3399		enforcement unit specially trained to respond to and deal with
3402	3400		life-threatening situations,"] "oral communication," "protected
3403	3401		computer," ["readily accessible to the general public,"] and "wire
3404	3402		communication" have the meanings assigned by [given those terms in]
3405	3403		Article 18A.001 [18.20], Code of Criminal Procedure.
3406	3404		(2) "Immediate life-threatening situation" and
3407	3405		"member of a law enforcement unit specially trained to respond to
3408	3406		and deal with life-threatening situations" have the meanings
3409	3407		assigned by Article 18A.201, Code of Criminal Procedure.
3410	3408		(3) "Readily accessible to the general public" means,
3411	3409		with respect to a radio communication, a communication that is not:
3412	3410		(A) scrambled or encrypted;
3413	3411		(B) transmitted using modulation techniques
3414	3412		whose essential parameters have been withheld from the public with
3415	3413		the intention of preserving the privacy of the communication;
3416	3414		(C) carried on a subcarrier or other signal
3417	3415		subsidiary to a radio transmission;
3418	3416		(D) transmitted over a communication system
3419	3417		provided by a common carrier, unless the communication is a
3420	3418		tone-only paging system communication;
3421	3419		(E) transmitted on frequencies allocated under
3422	3420		Part 25, Subpart D, E, or F of Part 74, or Part 94 of the rules of the
3423	3421		Federal Communications Commission, unless, in the case of a
3424	3422		communication transmitted on a frequency allocated under Part 74
3425	3423		that is not exclusively allocated to broadcast auxiliary services,
3426	3424		the communication is a two-way voice communication by radio; or
3427	3425		(F) an electronic communication.
3428	3426		(b) A person commits an offense if the person:
3429	3427		(1) intentionally intercepts, endeavors to intercept,
3430	3428		or procures another person to intercept or endeavor to intercept a
3431	3429		wire, oral, or electronic communication;
3432	3430		(2) intentionally discloses or endeavors to disclose
3433	3431		to another person the contents of a wire, oral, or electronic
3434	3432		communication if the person knows or has reason to know the
3435	3433		information was obtained through the interception of a wire, oral,
3436	3434		or electronic communication in violation of this subsection;
3437	3435		(3) intentionally uses or endeavors to use the
3438	3436		contents of a wire, oral, or electronic communication if the person
3439	3437		knows or is reckless about whether the information was obtained
3440	3438		through the interception of a wire, oral, or electronic
3441	3439		communication in violation of this subsection;
3442	3440		(4) knowingly or intentionally effects a covert entry
3443	3441		for the purpose of intercepting wire, oral, or electronic
3444	3442		communications without court order or authorization; or
3445	3443		(5) intentionally uses, endeavors to use, or procures
3446	3444		any other person to use or endeavor to use any interception
3447	3445		[electronic, mechanical, or other] device to intercept any oral
3448	3446		communication when the device:
3449	3447		(A) is affixed to, or otherwise transmits a
3450	3448		signal through a wire, cable, or other connection used in wire
3451	3449		communications; or
3452	3450		(B) transmits communications by radio or
3453	3451		interferes with the transmission of communications by radio.
3454	3452		(c) It is an affirmative defense to prosecution under
3455	3453		Subsection (b) that:
3456	3454		(1) an operator of a switchboard or an officer,
3457	3455		employee, or agent of a communication common carrier whose
3458	3456		facilities are used in the transmission of a wire or electronic
3459	3457		communication intercepts a communication or discloses or uses an
3460	3458		intercepted communication in the normal course of employment while
3461	3459		engaged in an activity that is a necessary incident to the rendition
3462	3460		of service or to the protection of the rights or property of the
3463	3461		carrier of the communication, unless the interception results from
3464	3462		the communication common carrier's use of service observing or
3465	3463		random monitoring for purposes other than mechanical or service
3466	3464		quality control checks;
3467	3465		(2) an officer, employee, or agent of a communication
3468	3466		common carrier provides information, facilities, or technical
3469	3467		assistance to an investigative or law enforcement officer who is
3470	3468		authorized as provided by this section to intercept a wire, oral, or
3471	3469		electronic communication;
3472	3470		(3) a person acting under color of law intercepts:
3473	3471		(A) a wire, oral, or electronic communication, if
3474	3472		the person is a party to the communication or if one of the parties
3475	3473		to the communication has given prior consent to the interception;
3476	3474		(B) a wire, oral, or electronic communication, if
3477	3475		the person is acting under the authority of Chapter 18A [Article
3478	3476		18.20], Code of Criminal Procedure; or
3479	3477		(C) a wire or electronic communication made by a
3480	3478		computer trespasser and transmitted to, through, or from a
3481	3479		protected computer, if:
3482	3480		(i) the interception did not acquire a
3483	3481		communication other than one transmitted to or from the computer
3484	3482		trespasser;
3485	3483		(ii) the owner of the protected computer
3486	3484		consented to the interception of the computer trespasser's
3487	3485		communications on the protected computer; and
3488	3486		(iii) the actor was lawfully engaged in an
3489	3487		ongoing criminal investigation and the actor had reasonable
3490	3488		suspicion to believe that the contents of the computer trespasser's
3491	3489		communications likely to be obtained would be material to the
3492	3490		investigation;
3493	3491		(4) a person not acting under color of law intercepts a
3494	3492		wire, oral, or electronic communication, if:
3495	3493		(A) the person is a party to the communication;
3496	3494		or
3497	3495		(B) one of the parties to the communication has
3498	3496		given prior consent to the interception, unless the communication
3499	3497		is intercepted for the purpose of committing an unlawful act;
3500	3498		(5) a person acting under color of law intercepts a
3501	3499		wire, oral, or electronic communication if:
3502	3500		(A) oral or written consent for the interception
3503	3501		is given by a magistrate before the interception;
3504	3502		(B) an immediate life-threatening situation
3505	3503		exists;
3506	3504		(C) the person is a member of a law enforcement
3507	3505		unit specially trained to:
3508	3506		(i) respond to and deal with
3509	3507		life-threatening situations; or
3510	3508		(ii) install interception [electronic,
3511	3509		mechanical, or other] devices; and
3512	3510		(D) the interception ceases immediately on
3513	3511		termination of the life-threatening situation;
3514	3512		(6) an officer, employee, or agent of the Federal
3515	3513		Communications Commission intercepts a communication transmitted
3516	3514		by radio or discloses or uses an intercepted communication in the
3517	3515		normal course of employment and in the discharge of the monitoring
3518	3516		responsibilities exercised by the Federal Communications
3519	3517		Commission in the enforcement of Chapter 5, Title 47, United States
3520	3518		Code;
3521	3519		(7) a person intercepts or obtains access to an
3522	3520		electronic communication that was made through an electronic
3523	3521		communication system that is configured to permit the communication
3524	3522		to be readily accessible to the general public;
3525	3523		(8) a person intercepts radio communication, other
3526	3524		than a cordless telephone communication that is transmitted between
3527	3525		a cordless telephone handset and a base unit, that is transmitted:
3528	3526		(A) by a station for the use of the general
3529	3527		public;
3530	3528		(B) to ships, aircraft, vehicles, or persons in
3531	3529		distress;
3532	3530		(C) by a governmental, law enforcement, civil
3533	3531		defense, private land mobile, or public safety communications
3534	3532		system that is readily accessible to the general public, unless the
3535	3533		radio communication is transmitted by a law enforcement
3536	3534		representative to or from a mobile data terminal;
3537	3535		(D) by a station operating on an authorized
3538	3536		frequency within the bands allocated to the amateur, citizens band,
3539	3537		or general mobile radio services; or
3540	3538		(E) by a marine or aeronautical communications
3541	3539		system;
3542	3540		(9) a person intercepts a wire or electronic
3543	3541		communication the transmission of which causes harmful
3544	3542		interference to a lawfully operating station or consumer electronic
3545	3543		equipment, to the extent necessary to identify the source of the
3546	3544		interference;
3547	3545		(10) a user of the same frequency intercepts a radio
3548	3546		communication made through a system that uses frequencies monitored
3549	3547		by individuals engaged in the provision or the use of the system, if
3550	3548		the communication is not scrambled or encrypted; or
3551	3549		(11) a provider of an electronic communications
3552	3550		service records the fact that a wire or electronic communication
3553	3551		was initiated or completed in order to protect the provider,
3554	3552		another provider furnishing service towards the completion of the
3555	3553		communication, or a user of that service from fraudulent, unlawful,
3556	3554		or abusive use of the service.
3557	3555		(d) A person commits an offense if the person:
3558	3556		(1) intentionally manufactures, assembles, possesses,
3559	3557		or sells an interception [electronic, mechanical, or other] device
3560	3558		knowing or having reason to know that the device is designed
3561	3559		primarily for nonconsensual interception of wire, electronic, or
3562	3560		oral communications and that the device or a component of the device
3563	3561		has been or will be used for an unlawful purpose; or
3564	3562		(2) places in a newspaper, magazine, handbill, or
3565	3563		other publication an advertisement of an interception [electronic,
3566	3564		mechanical, or other] device:
3567	3565		(A) knowing or having reason to know that the
3568	3566		device is designed primarily for nonconsensual interception of
3569	3567		wire, electronic, or oral communications;
3570	3568		(B) promoting the use of the device for the
3571	3569		purpose of nonconsensual interception of wire, electronic, or oral
3572	3570		communications; or
3573	3571		(C) knowing or having reason to know that the
3574	3572		advertisement will promote the use of the device for the purpose of
3575	3573		nonconsensual interception of wire, electronic, or oral
3576	3574		communications.
3577	3575		(e) It is an affirmative defense to prosecution under
3578	3576		Subsection (d) that the manufacture, assembly, possession, or sale
3579	3577		of an interception [electronic, mechanical, or other] device that
3580	3578		is designed primarily for the purpose of nonconsensual interception
3581	3579		of wire, electronic, or oral communication is by:
3582	3580		(1) a communication common carrier or a provider of
3583	3581		wire or electronic communications service or an officer, agent, or
3584	3582		employee of or a person under contract with a communication common
3585	3583		carrier or service provider acting in the normal course of the
3586	3584		provider's or [communication] carrier's business;
3587	3585		(2) an officer, agent, or employee of a person under
3588	3586		contract with, bidding on contracts with, or doing business with
3589	3587		the United States or this state acting in the normal course of the
3590	3588		activities of the United States or this state;
3591	3589		(3) a member of the Department of Public Safety who is
3592	3590		specifically trained to install wire, oral, or electronic
3593	3591		communications intercept equipment; or
3594	3592		(4) a member of a local law enforcement agency that has
3595	3593		an established unit specifically designated to respond to and deal
3596	3594		with life-threatening situations.
3597	3595		(e-1) It is a defense to prosecution under Subsection (d)(1)
3598	3596		that the interception [electronic, mechanical, or other] device is
3599	3597		possessed by a person authorized to possess the device under
3600	3598		Section 500.008, Government Code, or Section 242.103, Human
3601	3599		Resources Code.
3602	3600		SECTION 2.02. Sections 16.03(b) and (c), Penal Code, are
3603	3601		amended to read as follows:
3604	3602		(b) In this section:
3605	3603		(1) "Authorized"[, "authorized] peace officer,"
3606	3604		["communications common carrier,"] "pen register," and "trap and
3607	3605		trace device" have the meanings assigned by Article 18B.001
3608	3606		[18.21], Code of Criminal Procedure.
3609	3607		(2) "Communication common carrier" has the meaning
3610	3608		assigned by Article 18A.001, Code of Criminal Procedure.
3611	3609		(c) It is an affirmative defense to prosecution under
3612	3610		Subsection (a) that the actor is:
3613	3611		(1) an officer, employee, or agent of a communication
3614	3612		[communications] common carrier and the actor installs or uses a
3615	3613		device or equipment to record a number dialed from or to a telephone
3616	3614		instrument in the normal course of business of the carrier for
3617	3615		purposes of:
3618	3616		(A) protecting property or services provided by
3619	3617		the carrier; or
3620	3618		(B) assisting another who the actor reasonably
3621	3619		believes to be a peace officer authorized to install or use a pen
3622	3620		register or trap and trace device under Chapter 18B [Article
3623	3621		18.21], Code of Criminal Procedure;
3624	3622		(2) an officer, employee, or agent of a lawful
3625	3623		enterprise and the actor installs or uses a device or equipment
3626	3624		while engaged in an activity that:
3627	3625		(A) is a necessary incident to the rendition of
3628	3626		service or to the protection of property of or services provided by
3629	3627		the enterprise; and
3630	3628		(B) is not made for the purpose of gathering
3631	3629		information for a law enforcement agency or private investigative
3632	3630		agency, other than information related to the theft of
3633	3631		communication or information services provided by the enterprise;
3634	3632		or
3635	3633		(3) a person authorized to install or use a pen
3636	3634		register or trap and trace device under Chapter 18B [Article
3637	3635		18.21], Code of Criminal Procedure.
3638	3636		SECTION 2.03. Sections 16.04(a) and (e), Penal Code, are
3639	3637		amended to read as follows:
3640	3638		(a) In this section:
3641	3639		(1) "Electronic[, "electronic] communication,"
3642	3640		["electronic storage,"] "user," and "wire communication" have the
3643	3641		meanings assigned by [to those terms in] Article 18A.001 [18.21],
3644	3642		Code of Criminal Procedure.
3645	3643		(2) "Electronic storage" has the meaning assigned by
3646	3644		Article 18B.001, Code of Criminal Procedure.
3647	3645		(e) It is an affirmative defense to prosecution under
3648	3646		Subsection (b) that the conduct was authorized by:
3649	3647		(1) the provider of the wire or electronic
3650	3648		communications service;
3651	3649		(2) the user of the wire or electronic communications
3652	3650		service;
3653	3651		(3) the addressee or intended recipient of the wire or
3654	3652		electronic communication; or
3655	3653		(4) Chapter 18B [Article 18.21], Code of Criminal
3656	3654		Procedure.
3657	3655		SECTION 2.04. Section 16.05(a), Penal Code, is amended to
3658	3656		read as follows:
3659	3657		(a) In this section, "electronic [communication,"
3660	3658		"electronic] communications service" has [service," and
3661	3659		"electronic communications system" have] the meaning assigned by
3662	3660		[meanings given those terms in] Article 18A.001 [18.20], Code of
3663	3661		Criminal Procedure.
3664	3662		ARTICLE 3. OTHER CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND
3665	3663		18.21, CODE OF CRIMINAL PROCEDURE
3666	3664		SECTION 3.01. Section 71.0083(b), Agriculture Code, is
3667	3665		amended to read as follows:
3668	3666		(b) An agriculture warrant may be issued only by a
3669	3667		magistrate authorized to issue a search warrant under Chapter 18,
3670	3668		18A, or 18B, Code of Criminal Procedure, only after the department
3671	3669		has exercised reasonable efforts to obtain consent to conduct a
3672	3670		search, and on application by the department accompanied by a
3673	3671		supporting affidavit that establishes probable cause for the
3674	3672		issuance of the warrant. The warrant must describe:
3675	3673		(1) the street address and municipality or the parcel
3676	3674		number and county of each place or premises subject to the warrant;
3677	3675		and
3678	3676		(2) each type of plant pest or disease that is the
3679	3677		subject of the warrant.
3680	3678		SECTION 3.02. Section 123.001(2), Civil Practice and
3681	3679		Remedies Code, is amended to read as follows:
3682	3680		(2) "Interception" means the aural acquisition of the
3683	3681		contents of a communication through the use of an interception
3684	3682		[electronic, mechanical, or other] device that is made without the
3685	3683		consent of a party to the communication, but does not include the
3686	3684		ordinary use of:
3687	3685		(A) a telephone or telegraph instrument or
3688	3686		facility or telephone and telegraph equipment;
3689	3687		(B) a hearing aid designed to correct subnormal
3690	3688		hearing to not better than normal;
3691	3689		(C) a radio, television, or other wireless
3692	3690		receiver; or
3693	3691		(D) a cable system that relays a public wireless
3694	3692		broadcast from a common antenna to a receiver.
3695	3693		SECTION 3.03. Article 18.02(b), Code of Criminal Procedure,
3696	3694		is amended to read as follows:
3697	3695		(b) For purposes of Subsection (a)(13):
3698	3696		(1) "Electronic communication" [, "electronic
3699	3697		communication," "electronic storage,"] and "wire communication"
3700	3698		have the meanings assigned by Article 18A.001.
3701	3699		(2) "Electronic [18.20, and "electronic] customer
3702	3700		data" and "electronic storage" have [has] the meanings [meaning]
3703	3701		assigned by Article 18B.001 [18.21].
3704	3702		SECTION 3.04. Article 18.0215(d), Code of Criminal
3705	3703		Procedure, is amended to read as follows:
3706	3704		(d) Notwithstanding any other law, a peace officer may
3707	3705		search a cellular telephone or other wireless communications device
3708	3706		without a warrant if:
3709	3707		(1) the owner or possessor of the telephone or device
3710	3708		consents to the search;
3711	3709		(2) the telephone or device is reported stolen by the
3712	3710		owner or possessor; or
3713	3711		(3) the officer reasonably believes that:
3714	3712		(A) the telephone or device is in the possession
3715	3713		of a fugitive from justice for whom an arrest warrant has been
3716	3714		issued for committing a felony offense; or
3717	3715		(B) there exists an immediate life-threatening
3718	3716		situation, as defined by [Section 1,] Article 18A.201 [18.20].
3719	3717		SECTION 3.05. Article 18.04, Code of Criminal Procedure, is
3720	3718		amended to read as follows:
3721	3719		Art. 18.04. CONTENTS OF WARRANT. A search warrant issued
3722	3720		under this chapter, Chapter 18A, or Chapter 18B shall be sufficient
3723	3721		if it contains the following requisites:
3724	3722		(1) that it run in the name of "The State of Texas";
3725	3723		(2) that it identify, as near as may be, that which is
3726	3724		to be seized and name or describe, as near as may be, the person,
3727	3725		place, or thing to be searched;
3728	3726		(3) that it command any peace officer of the proper
3729	3727		county to search forthwith the person, place, or thing named;
3730	3728		(4) that it be dated and signed by the magistrate; and
3731	3729		(5) that the magistrate's name appear in clearly
3732	3730		legible handwriting or in typewritten form with the magistrate's
3733	3731		signature.
3734	3732		SECTION 3.06. Article 18.06(a), Code of Criminal Procedure,
3735	3733		is amended to read as follows:
3736	3734		(a) A peace officer to whom a search warrant is delivered
3737	3735		shall execute the warrant without delay and forthwith return the
3738	3736		warrant to the proper magistrate. A search warrant issued under
3739	3737		[Section 5A,] Article 18B.354 [18.21,] must be executed in the
3740	3738		manner provided by Article 18B.355 [that section] not later than
3741	3739		the 11th day after the date of issuance. In all other cases, a
3742	3740		search warrant must be executed within three days from the time of
3743	3741		its issuance. A warrant issued under this chapter, Chapter 18A, or
3744	3742		Chapter 18B shall be executed within a shorter period if so directed
3745	3743		in the warrant by the magistrate.
3746	3744		SECTION 3.07. Articles 18.07(a) and (b), Code of Criminal
3747	3745		Procedure, are amended to read as follows:
3748	3746		(a) The period allowed for the execution of a search
3749	3747		warrant, exclusive of the day of its issuance and of the day of its
3750	3748		execution, is:
3751	3749		(1) 15 whole days if the warrant is issued solely to
3752	3750		search for and seize specimens from a specific person for DNA
3753	3751		analysis and comparison, including blood and saliva samples;
3754	3752		(2) 10 whole days if the warrant is issued under
3755	3753		[Section 5A,] Article 18B.354 [18.21]; or
3756	3754		(3) three whole days if the warrant is issued for a
3757	3755		purpose other than that described by Subdivision (1) or (2).
3758	3756		(b) The magistrate issuing a search warrant under this
3759	3757		chapter, Chapter 18A, or Chapter 18B shall endorse on the search
3760	3758		warrant the date and hour of its issuance.
3761	3759		SECTION 3.08. Section 54.978(e), Government Code, is
3762	3760		amended to read as follows:
3763	3761		(e) In this subsection, ["pen register,"] "ESN reader,"
3764	3762		"pen register," and "trap and trace device" [device," and "mobile
3765	3763		tracking device"] have the meanings assigned by Article 18B.001
3766	3764		[Section 18.21], Code of Criminal Procedure, and "mobile tracking
3767	3765		device" has the meaning assigned by Article 18B.201, Code of
3768	3766		Criminal Procedure. A magistrate may:
3769	3767		(1) notwithstanding [Section 2(a),] Article 18B.051
3770	3768		or 18B.052 [18.21], Code of Criminal Procedure, issue an order
3771	3769		under Subchapter C, Chapter 18B [Section 2, Article 18.21], Code of
3772	3770		Criminal Procedure, for the installation and use of:
3773	3771		(A) a pen register;
3774	3772		(B) an ESN reader;
3775	3773		(C) a trap and trace device; or
3776	3774		(D) equipment that combines the function of a pen
3777	3775		register and a trap and trace device;
3778	3776		(2) issue an order to obtain access to stored
3779	3777		communications under [Section 5,] Article 18B.352 [18.21], Code of
3780	3778		Criminal Procedure; and
3781	3779		(3) notwithstanding [Section 14(a),] Article
3782	3780		18B.203(a) [18.21], Code of Criminal Procedure, issue an order for
3783	3781		the installation and use of a mobile tracking device under
3784	3782		Subchapter E, Chapter 18B [Section 14, Article 18.21], Code of
3785	3783		Criminal Procedure.
3786	3784		SECTION 3.09. Section 421.004, Government Code, is amended
3787	3785		to read as follows:
3788	3786		Sec. 421.004. PROVISIONS GOVERNING MOBILE TRACKING
3789	3787		DEVICES. In the event of a conflict between Subchapter E, Chapter
3790	3788		18B [Section 14, Article 18.21], Code of Criminal Procedure, and
3791	3789		this chapter or a rule adopted under this chapter, Subchapter E,
3792	3790		Chapter 18B [Section 14, Article 18.21], Code of Criminal
3793	3791		Procedure, controls.
3794	3792		SECTION 3.10. Section 493.0191, Government Code, is amended
3795	3793		to read as follows:
3796	3794		Sec. 493.0191. ADMINISTRATIVE SUBPOENAS. (a) The
3797	3795		inspector general may issue an administrative subpoena to a
3798	3796		communication [communications] common carrier or an electronic
3799	3797		communications service provider to compel the production of the
3800	3798		carrier's or service provider's business records that:
3801	3799		(1) disclose information about:
3802	3800		(A) the carrier's or service provider's
3803	3801		customers; or
3804	3802		(B) users of the services offered by the carrier
3805	3803		or service provider; and
3806	3804		(2) are material to a criminal investigation of an
3807	3805		escape or a potential escape or a violation of Section 38.11, Penal
3808	3806		Code.
3809	3807		(b) In this section:
3810	3808		(1) "Communication ["Communications] common carrier"
3811	3809		means a person that:
3812	3810		(A) for a fee, provides directly to the public or
3813	3811		to certain members of the public the ability to transmit between or
3814	3812		among points specified by the person who uses that ability,
3815	3813		regardless of the technology used, information of the person's
3816	3814		choosing without change in the form or content of the information
3817	3815		transmitted; or
3818	3816		(B) is a provider that bills customers for
3819	3817		services described by Paragraph (A).
3820	3818		(2) "Electronic communications service provider"
3821	3819		means a service provider that provides to users of the service the
3822	3820		ability to send or receive wire or electronic communications, as
3823	3821		those terms are defined by Article 18A.001 [18.20], Code of
3824	3822		Criminal Procedure.
3825	3823		SECTION 3.11. Sections 500.008(a) and (b), Government Code,
3826	3824		are amended to read as follows:
3827	3825		(a) The department may own and the office of inspector
3828	3826		general may possess, install, operate, or monitor an interception
3829	3827		[electronic, mechanical, or other] device, as defined by Article
3830	3828		18A.001 [18.20], Code of Criminal Procedure.
3831	3829		(b) The inspector general shall designate in writing the
3832	3830		commissioned officers of the office of inspector general who are
3833	3831		authorized to possess, install, operate, and monitor interception
3834	3832		[electronic, mechanical, or other] devices for the department.
3835	3833		SECTION 3.12. Section 242.841(2), Health and Safety Code,
3836	3834		is amended to read as follows:
3837	3835		(2) "Electronic monitoring device":
3838	3836		(A) includes:
3839	3837		(i) video surveillance cameras installed in
3840	3838		the room of a resident; and
3841	3839		(ii) audio devices installed in the room of
3842	3840		a resident designed to acquire communications or other sounds
3843	3841		occurring in the room; and
3844	3842		(B) does not include an interception
3845	3843		[electronic, mechanical, or other] device that is specifically used
3846	3844		for the nonconsensual interception of wire or electronic
3847	3845		communications.
3848	3846		SECTION 3.13. Section 242.842(c), Health and Safety Code,
3849	3847		is amended to read as follows:
3850	3848		(c) A communication or other sound acquired by an audio
3851	3849		electronic monitoring device installed under the provisions of this
3852	3850		subchapter concerning authorized electronic monitoring is not
3853	3851		considered to be:
3854	3852		(1) an oral communication as defined by [Section 1,]
3855	3853		Article 18A.001 [18.20], Code of Criminal Procedure; or
3856	3854		(2) a communication as defined by Section 123.001,
3857	3855		Civil Practice and Remedies Code.
3858	3856		SECTION 3.14. Section 555.151(2), Health and Safety Code,
3859	3857		is amended to read as follows:
3860	3858		(2) "Electronic monitoring device":
3861	3859		(A) includes:
3862	3860		(i) video surveillance cameras installed in
3863	3861		a resident's room; and
3864	3862		(ii) audio devices installed in a
3865	3863		resident's room designed to acquire communications or other sounds
3866	3864		occurring in the room; and
3867	3865		(B) does not include an interception
3868	3866		[electronic, mechanical, or other] device that is specifically used
3869	3867		for the nonconsensual interception of wire or electronic
3870	3868		communications.
3871	3869		SECTION 3.15. Section 555.152(c), Health and Safety Code,
3872	3870		is amended to read as follows:
3873	3871		(c) A communication or other sound acquired by an audio
3874	3872		electronic monitoring device installed under the provisions of this
3875	3873		subchapter concerning authorized electronic monitoring is not
3876	3874		considered to be:
3877	3875		(1) an oral communication as defined by [Section 1,]
3878	3876		Article 18A.001 [18.20], Code of Criminal Procedure; or
3879	3877		(2) a communication as defined by Section 123.001,
3880	3878		Civil Practice and Remedies Code.
3881	3879		SECTION 3.16. Sections 242.103(a) and (b), Human Resources
3882	3880		Code, are amended to read as follows:
3883	3881		(a) The department may own and the office of the inspector
3884	3882		general may possess, install, operate, or monitor an interception
3885	3883		[electronic, mechanical, or other] device, as defined by Article
3886	3884		18A.001 [18.20], Code of Criminal Procedure.
3887	3885		(b) The inspector general shall designate in writing the
3888	3886		commissioned officers of the office of inspector general who are
3889	3887		authorized to possess, install, operate, and monitor interception
3890	3888		[electronic, mechanical, or other] devices for the department.
3891	3889		SECTION 3.17. Section 33.01(3), Penal Code, is amended to
3892	3890		read as follows:
3893	3891		(3) "Communication ["Communications] common carrier"
3894	3892		means a person who owns or operates a telephone system in this state
3895	3893		that includes equipment or facilities for the conveyance,
3896	3894		transmission, or reception of communications and who receives
3897	3895		compensation from persons who use that system.
3898	3896		SECTION 3.18. Section 33.03, Penal Code, is amended to read
3899	3897		as follows:
3900	3898		Sec. 33.03. DEFENSES. It is an affirmative defense to
3901	3899		prosecution under Section 33.02 that the actor was an officer,
3902	3900		employee, or agent of a communication [communications] common
3903	3901		carrier or electric utility and committed the proscribed act or
3904	3902		acts in the course of employment while engaged in an activity that
3905	3903		is a necessary incident to the rendition of service or to the
3906	3904		protection of the rights or property of the communication
3907	3905		[communications] common carrier or electric utility.
3908	3906		SECTION 3.19. Section 38.11(k), Penal Code, is amended to
3909	3907		read as follows:
3910	3908		(k) A person commits an offense if, with the intent to
3911	3909		provide to or make a cellular telephone or other wireless
3912	3910		communications device or a component of one of those devices
3913	3911		available for use by a person in the custody of a correctional
3914	3912		facility, the person:
3915	3913		(1) acquires a cellular telephone or other wireless
3916	3914		communications device or a component of one of those devices to be
3917	3915		delivered to the person in custody;
3918	3916		(2) provides a cellular telephone or other wireless
3919	3917		communications device or a component of one of those devices to
3920	3918		another person for delivery to the person in custody; or
3921	3919		(3) makes a payment to a communication common carrier,
3922	3920		as defined by Article 18A.001 [18.20], Code of Criminal Procedure,
3923	3921		or to any communication service that provides to its users the
3924	3922		ability to send or receive wire or electronic communications.
3925	3923		ARTICLE 4. CONFORMING AMENDMENTS FOR CHAPTERS 60 AND 61, CODE OF
3926	3924		CRIMINAL PROCEDURE
3927	3925		SECTION 4.01. Article 2.021, Code of Criminal Procedure, is
3928	3926		amended to read as follows:
3929	3927		Art. 2.021. DUTIES OF ATTORNEY GENERAL. The attorney
3930	3928		general may offer to a county or district attorney the assistance of
3931	3929		the attorney general's office in the prosecution of an offense
3932	3930		described by Article 66.102(h) [60.051(g)] the victim of which is
3933	3931		younger than 17 years of age at the time the offense is committed.
3934	3932		On request of a county or district attorney, the attorney general
3935	3933		shall assist in the prosecution of an offense described by Article
3936	3934		66.102(h) [60.051(g)] the victim of which is younger than 17 years
3937	3935		of age at the time the offense is committed. For purposes of this
3938	3936		article, assistance includes investigative, technical, and
3939	3937		litigation assistance of the attorney general's office.
3940	3938		SECTION 4.02. Section 1, Article 42.01, Code of Criminal
3941	3939		Procedure, is amended to read as follows:
3942	3940		Sec. 1. A judgment is the written declaration of the court
3943	3941		signed by the trial judge and entered of record showing the
3944	3942		conviction or acquittal of the defendant. The sentence served
3945	3943		shall be based on the information contained in the judgment. The
3946	3944		judgment shall reflect:
3947	3945		1. The title and number of the case;
3948	3946		2. That the case was called and the parties appeared,
3949	3947		naming the attorney for the state, the defendant, and the attorney
3950	3948		for the defendant, or, where a defendant is not represented by
3951	3949		counsel, that the defendant knowingly, intelligently, and
3952	3950		voluntarily waived the right to representation by counsel;
3953	3951		3. The plea or pleas of the defendant to the offense
3954	3952		charged;
3955	3953		4. Whether the case was tried before a jury or a jury
3956	3954		was waived;
3957	3955		5. The submission of the evidence, if any;
3958	3956		6. In cases tried before a jury that the jury was
3959	3957		charged by the court;
3960	3958		7. The verdict or verdicts of the jury or the finding
3961	3959		or findings of the court;
3962	3960		8. In the event of a conviction that the defendant is
3963	3961		adjudged guilty of the offense as found by the verdict of the jury
3964	3962		or the finding of the court, and that the defendant be punished in
3965	3963		accordance with the jury's verdict or the court's finding as to the
3966	3964		proper punishment;
3967	3965		9. In the event of conviction where death or any
3968	3966		punishment is assessed that the defendant be sentenced to death, a
3969	3967		term of confinement or community supervision, or to pay a fine, as
3970	3968		the case may be;
3971	3969		10. In the event of conviction where the imposition of
3972	3970		sentence is suspended and the defendant is placed on community
3973	3971		supervision, setting forth the punishment assessed, the length of
3974	3972		community supervision, and the conditions of community
3975	3973		supervision;
3976	3974		11. In the event of acquittal that the defendant be
3977	3975		discharged;
3978	3976		12. The county and court in which the case was tried
3979	3977		and, if there was a change of venue in the case, the name of the
3980	3978		county in which the prosecution was originated;
3981	3979		13. The offense or offenses for which the defendant
3982	3980		was convicted;
3983	3981		14. The date of the offense or offenses and degree of
3984	3982		offense for which the defendant was convicted;
3985	3983		15. The term of sentence;
3986	3984		16. The date judgment is entered;
3987	3985		17. The date sentence is imposed;
3988	3986		18. The date sentence is to commence and any credit for
3989	3987		time served;
3990	3988		19. The terms of any order entered pursuant to Article
3991	3989		42.08 that the defendant's sentence is to run cumulatively or
3992	3990		concurrently with another sentence or sentences;
3993	3991		20. The terms of any plea bargain;
3994	3992		21. Affirmative findings entered pursuant to Article
3995	3993		42A.054(c) or (d);
3996	3994		22. The terms of any fee payment ordered under Article
3997	3995		42.151;
3998	3996		23. The defendant's thumbprint taken in accordance
3999	3997		with Article 38.33;
4000	3998		24. In the event that the judge orders the defendant to
4001	3999		repay a reward or part of a reward under Articles 37.073 and 42.152,
4002	4000		a statement of the amount of the payment or payments required to be
4003	4001		made;
4004	4002		25. In the event that the court orders restitution to
4005	4003		be paid to the victim, a statement of the amount of restitution
4006	4004		ordered and:
4007	4005		(A) the name and address of a person or agency
4008	4006		that will accept and forward restitution payments to the victim; or
4009	4007		(B) if the court specifically elects to have
4010	4008		payments made directly to the crime victim, the name and permanent
4011	4009		address of the victim at the time of judgment;
4012	4010		26. In the event that a presentence investigation is
4013	4011		required by Subchapter F, Chapter 42A, a statement that the
4014	4012		presentence investigation was done according to the applicable
4015	4013		provision;
4016	4014		27. In the event of conviction of an offense for which
4017	4015		registration as a sex offender is required under Chapter 62, a
4018	4016		statement that the registration requirement of that chapter applies
4019	4017		to the defendant and a statement of the age of the victim of the
4020	4018		offense;
4021	4019		28. The defendant's state identification number
4022	4020		required by Article 66.152(a)(2) [Section 60.052(a)(2)], if that
4023	4021		number has been assigned at the time of the judgment; and
4024	4022		29. The incident number required by Article
4025	4023		66.152(a)(4) [Section 60.052(a)(4)], if that number has been
4026	4024		assigned at the time of the judgment.
4027	4025		SECTION 4.03. Article 42A.507(a), Code of Criminal
4028	4026		Procedure, is amended to read as follows:
4029	4027		(a) This article applies only to a defendant who:
4030	4028		(1) is identified as a member of a criminal street gang
4031	4029		in an intelligence database established under Chapter 67 [61]; and
4032	4030		(2) has two or more times been previously convicted
4033	4031		of, or received a grant of deferred adjudication community
4034	4032		supervision or another functionally equivalent form of community
4035	4033		supervision or probation for, a felony offense under the laws of
4036	4034		this state, another state, or the United States.
4037	4035		SECTION 4.04. Section 3(b), Article 55.02, Code of Criminal
4038	4036		Procedure, is amended to read as follows:
4039	4037		(b) The order of expunction entered by the court shall have
4040	4038		attached and incorporate by reference a copy of the judgment of
4041	4039		acquittal and shall include:
4042	4040		(1) the following information on the person who is the
4043	4041		subject of the expunction order:
4044	4042		(A) full name;
4045	4043		(B) sex;
4046	4044		(C) race;
4047	4045		(D) date of birth;
4048	4046		(E) driver's license number; and
4049	4047		(F) social security number;
4050	4048		(2) the offense charged against the person who is the
4051	4049		subject of the expunction order;
4052	4050		(3) the date the person who is the subject of the
4053	4051		expunction order was arrested;
4054	4052		(4) the case number and court of offense; and
4055	4053		(5) the tracking incident number (TRN) assigned to the
4056	4054		individual incident of arrest under Article 66.251(b)(1)
4057	4055		[60.07(b)(1)] by the Department of Public Safety.
4058	4056		SECTION 4.05. Section 58.111, Family Code, is amended to
4059	4057		read as follows:
4060	4058		Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
4061	4059		court of each county may create a local data advisory board to
4062	4060		perform the same duties relating to the juvenile justice
4063	4061		information system as the duties performed by a local data advisory
4064	4062		board in relation to the criminal history record system under
4065	4063		Article 66.354 [60.09], Code of Criminal Procedure.
4066	4064		SECTION 4.06. Section 58.202, Family Code, is amended to
4067	4065		read as follows:
4068	4066		Sec. 58.202. EXEMPTED RECORDS. The following records are
4069	4067		exempt from this subchapter:
4070	4068		(1) sex offender registration records maintained by
4071	4069		the department or a local law enforcement agency under Chapter 62,
4072	4070		Code of Criminal Procedure; and
4073	4071		(2) records relating to a criminal combination or
4074	4072		criminal street gang maintained by the department or a local law
4075	4073		enforcement agency under Chapter 67 [61], Code of Criminal
4076	4074		Procedure.
4077	4075		SECTION 4.07. Section 411.048(a)(1), Government Code, is
4078	4076		amended to read as follows:
4079	4077		(1) "Criminal justice agency" has the meaning assigned
4080	4078		by Article 66.001 [60.01], Code of Criminal Procedure.
4081	4079		SECTION 4.08. Section 411.048(g), Government Code, is
4082	4080		amended to read as follows:
4083	4081		(g) An individual who is the subject of information
4084	4082		collected under this section may request that the director, the
4085	4083		director's designee, or a court review the information to determine
4086	4084		whether the information complies with rules adopted by the
4087	4085		director. The review shall be conducted using the same procedure
4088	4086		for reviewing criminal information collected under Chapter 67 [61],
4089	4087		Code of Criminal Procedure.
4090	4088		SECTION 4.09. Section 411.0601, Government Code, is amended
4091	4089		to read as follows:
4092	4090		Sec. 411.0601. DEFINITION. In this subchapter, "criminal
4093	4091		justice agency" has the meaning assigned by Article 66.001 [60.01],
4094	4092		Code of Criminal Procedure.
4095	4093		SECTION 4.10. Section 411.082(1), Government Code, is
4096	4094		amended to read as follows:
4097	4095		(1) "Administration of criminal justice" has the
4098	4096		meaning assigned by Article 66.001 [60.01], Code of Criminal
4099	4097		Procedure.
4100	4098		SECTION 4.11. Section 493.0155, Government Code, is amended
4101	4099		to read as follows:
4102	4100		Sec. 493.0155. PROPER IDENTIFICATION OF INMATES USING
4103	4101		ALIAS. On receipt of information from the Department of Public
4104	4102		Safety under Article 66.105 [60.19], Code of Criminal Procedure,
4105	4103		that a person's identifying information may have been falsely used
4106	4104		by an inmate as the inmate's identifying information, regardless of
4107	4105		whether the inmate is in the custody of the department, is serving a
4108	4106		period of supervised release, or has been discharged, the
4109	4107		department shall:
4110	4108		(1) make a reasonable effort to identify the inmate's
4111	4109		actual identity; and
4112	4110		(2) take action to ensure that any information
4113	4111		maintained in the department's records and files regarding the
4114	4112		inmate reflects the inmate's use of the person's identity as a
4115	4113		stolen alias and refers to available information concerning the
4116	4114		inmate's actual identity.
4117	4115		SECTION 4.12. Section 508.227(a), Government Code, is
4118	4116		amended to read as follows:
4119	4117		(a) This section applies only to a releasee who:
4120	4118		(1) is identified as a member of a criminal street gang
4121	4119		in an intelligence database established under Chapter 67 [61], Code
4122	4120		of Criminal Procedure; and
4123	4121		(2) has three or more times been convicted of, or
4124	4122		received a grant of deferred adjudication community supervision or
4125	4123		another functionally equivalent form of community supervision or
4126	4124		probation for, a felony offense under the laws of this state,
4127	4125		another state, or the United States.
4128	4126		SECTION 4.13. Section 509.004(b), Government Code, is
4129	4127		amended to read as follows:
4130	4128		(b) The division shall develop an automated tracking system
4131	4129		that:
4132	4130		(1) is capable of receiving tracking data from
4133	4131		community supervision and corrections departments' caseload
4134	4132		management and accounting systems;
4135	4133		(2) is capable of tracking the defendant and the
4136	4134		sentencing event at which the defendant was placed on community
4137	4135		supervision by name, arrest charge code, and incident number;
4138	4136		(3) provides the division with the statistical data it
4139	4137		needs to support budget requests and satisfy requests for
4140	4138		information; and
4141	4139		(4) is compatible with the requirements of Chapter 66
4142	4140		[60], Code of Criminal Procedure, and the information systems used
4143	4141		by the institutional division and the pardons and paroles division
4144	4142		of the Texas Department of Criminal Justice.
4145	4143		SECTION 4.14. Section 244.003(b), Human Resources Code, is
4146	4144		amended to read as follows:
4147	4145		(b) Except as provided by Section 243.051(c), these records
4148	4146		and all other information concerning a child, including personally
4149	4147		identifiable information, are not public and are available only
4150	4148		according to the provisions of Section 58.005, Family Code, Section
4151	4149		244.051 of this code, and Chapter 67 [61], Code of Criminal
4152	4150		Procedure.
4153	4151		SECTION 4.15. Section 109.001(1), Occupations Code, is
4154	4152		amended to read as follows:
4155	4153		(1) "Administration of criminal justice" and
4156	4154		"criminal justice agency" have the meanings assigned by Article
4157	4155		66.001 [60.01], Code of Criminal Procedure.
4158	4156		SECTION 4.16. Section 160.101(b), Occupations Code, is
4159	4157		amended to read as follows:
4160	4158		(b) Not later than the 30th day after the date a person
4161	4159		described by Subsection (a) is convicted of an offense listed in
4162	4160		that subsection or is placed on deferred adjudication for an
4163	4161		offense listed in that subsection, the clerk of the court in which
4164	4162		the person is convicted or placed on deferred adjudication shall
4165	4163		prepare and forward to the Department of Public Safety the
4166	4164		information required by Chapter 66 [60], Code of Criminal
4167	4165		Procedure.
4168	4166		SECTION 4.17. Section 521.061(e), Transportation Code, is
4169	4167		amended to read as follows:
4170	4168		(e) In this section, "criminal justice agency" has the
4171	4169		meaning assigned by Article 66.001 [60.01], Code of Criminal
4172	4170		Procedure.
4173	4171		ARTICLE 5. REPEALER
4174	4172		SECTION 5.01. The following provisions of the Code of
4175	4173		Criminal Procedure are repealed:
4176	4174		(1) Article 18.20;
4177	4175		(2) Article 18.21;
4178	4176		(3) Chapter 60; and
4179	4177		(4) Chapter 61.
4180	4178		ARTICLE 6. GENERAL MATTERS
4181	4179		SECTION 6.01. This Act is enacted under Section 43, Article
4182	4180		III, Texas Constitution. This Act is intended as a codification
4183	4181		only, and no substantive change in the law is intended by this Act.
4184		-	SECTION 6.02. This Act takes effect April 1, 2019.
	4182	+	SECTION 6.02. (a) Chapter 311, Government Code (Code
	4183	+	Construction Act), applies to the construction of each provision in
	4184	+	the Code of Criminal Procedure that is enacted under Section 43,
	4185	+	Article III, Texas Constitution (authorizing the continuing
	4186	+	statutory revision program), in the same manner as to a code enacted
	4187	+	under the continuing statutory revision program, except as
	4188	+	otherwise expressly provided by the Code of Criminal Procedure.
	4189	+	(b) A reference in a law to a statute or a part of a statute
	4190	+	in the Code of Criminal Procedure enacted under Section 43, Article
	4191	+	III, Texas Constitution (authorizing the continuing statutory
	4192	+	revision program), is considered to be a reference to the part of
	4193	+	that code that revises that statute or part of that statute.
	4194	+	SECTION 6.03. This Act takes effect January 1, 2019.
	4195	+	______________________________ ______________________________
	4196	+	President of the Senate Speaker of the House
	4197	+	I certify that H.B. No. 2931 was passed by the House on May 3,
	4198	+	2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	4199	+	voting.
	4200	+	______________________________
	4201	+	Chief Clerk of the House
	4202	+	I certify that H.B. No. 2931 was passed by the Senate on May
	4203	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	4204	+	______________________________
	4205	+	Secretary of the Senate
	4206	+	APPROVED: _____________________
	4207	+	Date
	4208	+	_____________________
	4209	+	Governor