Texas 2017 - 85th Regular

Texas Senate Bill SB1856 Compare Versions

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

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