| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to a warrant authorizing the search of a cellular |
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| 8 | 7 | | telephone or other wireless communications device. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Articles 18.0215(b), (c), (d), and (e), Code of |
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| 11 | 10 | | Criminal Procedure, are amended to read as follows: |
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| 12 | 11 | | (b) A warrant under this article may be issued only by a |
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| 13 | 12 | | judge, justice, or other magistrate who is authorized to issue a |
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| 14 | 13 | | search warrant under Article 18.01(c) and is in the same judicial |
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| 15 | 14 | | district as the site of: |
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| 16 | 15 | | (1) the law enforcement agency that employs the peace |
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| 17 | 16 | | officer, if the cellular telephone or other wireless communications |
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| 18 | 17 | | device is in the officer's possession; or |
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| 19 | 18 | | (2) the likely location of the telephone or device. |
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| 20 | 19 | | (c) A judge, justice, or other magistrate may issue a |
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| 21 | 20 | | warrant under this article only on the application of a peace |
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| 22 | 21 | | officer. An application must be written and signed and sworn to or |
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| 23 | 22 | | affirmed before that magistrate [the judge]. The application must: |
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| 24 | 23 | | (1) state the name, department, agency, and address of |
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| 25 | 24 | | the applicant; |
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| 26 | 25 | | (2) identify the cellular telephone or other wireless |
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| 27 | 26 | | communications device to be searched; |
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| 28 | 27 | | (3) state the name of the owner or possessor of the |
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| 29 | 28 | | telephone or device to be searched; |
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| 30 | 29 | | (4) state the judicial district in which: |
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| 31 | 30 | | (A) the law enforcement agency that employs the |
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| 32 | 31 | | peace officer is located, if the telephone or device is in the |
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| 33 | 32 | | officer's possession; or |
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| 34 | 33 | | (B) the telephone or device is likely to be |
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| 35 | 34 | | located; and |
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| 36 | 35 | | (5) state the facts and circumstances that provide the |
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| 37 | 36 | | applicant with probable cause to believe that: |
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| 38 | 37 | | (A) criminal activity has been, is, or will be |
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| 39 | 38 | | committed; and |
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| 40 | 39 | | (B) searching the telephone or device is likely |
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| 41 | 40 | | to produce evidence in the investigation of the criminal activity |
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| 42 | 41 | | described in Paragraph (A). |
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| 43 | 42 | | (d) Notwithstanding any other law, a peace officer may |
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| 44 | 43 | | search a cellular telephone or other wireless communications device |
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| 45 | 44 | | without a warrant if: |
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| 46 | 45 | | (1) the owner or possessor of the telephone or device |
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| 47 | 46 | | consents to the search; |
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| 48 | 47 | | (2) the officer reasonably believes that the telephone |
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| 49 | 48 | | or device has been [is reported] stolen and: |
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| 50 | 49 | | (A) limits the search to only the contact list |
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| 51 | 50 | | information and device settings necessary to identify the owner of |
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| 52 | 51 | | the telephone or device; or |
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| 53 | 52 | | (B) if the officer is unable to identify the |
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| 54 | 53 | | owner of the telephone or device from a search conducted under |
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| 55 | 54 | | Paragraph (A), limits the search to only the photographs, social |
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| 56 | 55 | | media account information, and e-mail account information |
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| 57 | 56 | | necessary to identify the owner of the telephone or device [by the |
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| 58 | 57 | | owner or possessor]; or |
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| 59 | 58 | | (3) the officer reasonably believes that: |
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| 60 | 59 | | (A) the telephone or device is in the possession |
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| 61 | 60 | | of a fugitive from justice for whom an arrest warrant has been |
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| 62 | 61 | | issued for committing a felony offense; or |
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| 63 | 62 | | (B) there exists an immediate life-threatening |
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| 64 | 63 | | situation, as defined by Section 1, Article 18.20. |
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| 65 | 64 | | (e) A peace officer must apply for a warrant to search a |
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| 66 | 65 | | cellular telephone or other wireless communications device as soon |
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| 67 | 66 | | as practicable after a search is conducted under Subsection |
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| 68 | 67 | | (d)(3)(A) or (B). If the magistrate considering the application |
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| 69 | 68 | | [judge] finds that the applicable situation under Subsection |
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| 70 | 69 | | (d)(3)(A) or (B) did not occur and declines to issue the warrant, |
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| 71 | 70 | | any evidence obtained is not admissible in a criminal action. |
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| 72 | 71 | | SECTION 2. (a) The change in law made by this Act to |
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| 73 | 72 | | Articles 18.0215(b) and (c), Code of Criminal Procedure, applies |
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| 74 | 73 | | only to a search warrant issued on or after the effective date of |
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| 75 | 74 | | this Act. A search warrant issued before the effective date of this |
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| 76 | 75 | | Act is governed by the law in effect on the date the warrant was |
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| 77 | 76 | | issued, and the former law is continued in effect for that purpose. |
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| 78 | 77 | | (b) The change in law made by this Act to Articles |
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| 79 | 78 | | 18.0215(d) and (e), Code of Criminal Procedure, applies only to a |
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| 80 | 79 | | search conducted on or after the effective date of this Act. A |
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| 81 | 80 | | search conducted before the effective date of this Act is governed |
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| 82 | 81 | | by the law in effect on the date the search was conducted, and the |
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| 83 | 82 | | former law is continued in effect for that purpose. |
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| 84 | 83 | | SECTION 3. This Act takes effect September 1, 2017. |
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