By: Burton S.B. No. 1823
(Koop)
A BILL TO BE ENTITLED
AN ACT
relating to a warrant authorizing the search of a cellular
telephone or other wireless communications device.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.0215(b), (c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(b) A warrant under this article may be issued only by a
judge, justice, or other magistrate who is authorized to issue a
search warrant under Article 18.01(c) and is in the same judicial
district as the site of:
(1) the law enforcement agency that employs the peace
officer, if the cellular telephone or other wireless communications
device is in the officer's possession; or
(2) the likely location of the telephone or device.
(c) A judge, justice, or other magistrate may issue a
warrant under this article only on the application of a peace
officer. An application must be written and signed and sworn to or
affirmed before that magistrate [the judge]. The application must:
(1) state the name, department, agency, and address of
the applicant;
(2) identify the cellular telephone or other wireless
communications device to be searched;
(3) state the name of the owner or possessor of the
telephone or device to be searched;
(4) state the judicial district in which:
(A) the law enforcement agency that employs the
peace officer is located, if the telephone or device is in the
officer's possession; or
(B) the telephone or device is likely to be
located; and
(5) state the facts and circumstances that provide the
applicant with probable cause to believe that:
(A) criminal activity has been, is, or will be
committed; and
(B) searching the telephone or device is likely
to produce evidence in the investigation of the criminal activity
described in Paragraph (A).
(d) Notwithstanding any other law, a peace officer may
search a cellular telephone or other wireless communications device
without a warrant if:
(1) the owner or possessor of the telephone or device
consents to the search;
(2) the officer reasonably believes that the telephone
or device has been [is reported] stolen and:
(A) limits the search to only the contact list
information and device settings necessary to identify the owner of
the telephone or device; or
(B) if the officer is unable to identify the
owner of the telephone or device from a search conducted under
Paragraph (A), limits the search to only the photographs, social
media account information, and e-mail account information
necessary to identify the owner of the telephone or device [by the
owner or possessor]; or
(3) the officer reasonably believes that:
(A) the telephone or device is in the possession
of a fugitive from justice for whom an arrest warrant has been
issued for committing a felony offense; or
(B) there exists an immediate life-threatening
situation, as defined by Section 1, Article 18.20.
(e) A peace officer must apply for a warrant to search a
cellular telephone or other wireless communications device as soon
as practicable after a search is conducted under Subsection
(d)(3)(A) or (B). If the magistrate considering the application
[judge] finds that the applicable situation under Subsection
(d)(3)(A) or (B) did not occur and declines to issue the warrant,
any evidence obtained is not admissible in a criminal action.
SECTION 2. (a) The change in law made by this Act to
Articles 18.0215(b) and (c), Code of Criminal Procedure, applies
only to a search warrant issued on or after the effective date of
this Act. A search warrant issued before the effective date of this
Act is governed by the law in effect on the date the warrant was
issued, and the former law is continued in effect for that purpose.
(b) The change in law made by this Act to Articles
18.0215(d) and (e), Code of Criminal Procedure, applies only to a
search conducted on or after the effective date of this Act. A
search conducted before the effective date of this Act is governed
by the law in effect on the date the search was conducted, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.