| 1 | 1 | | 86R1257 JSC-D |
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| 2 | 2 | | By: Blanco H.B. No. 353 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to law enforcement access to cell site information stored |
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| 8 | 8 | | by certain entities providing wireless service to a wireless |
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| 9 | 9 | | communications device. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A search warrant may be issued to search for and seize: |
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| 14 | 14 | | (1) property acquired by theft or in any other manner |
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| 15 | 15 | | which makes its acquisition a penal offense; |
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| 16 | 16 | | (2) property specially designed, made, or adapted for |
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| 17 | 17 | | or commonly used in the commission of an offense; |
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| 18 | 18 | | (3) arms and munitions kept or prepared for the |
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| 19 | 19 | | purposes of insurrection or riot; |
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| 20 | 20 | | (4) weapons prohibited by the Penal Code; |
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| 21 | 21 | | (5) gambling devices or equipment, altered gambling |
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| 22 | 22 | | equipment, or gambling paraphernalia; |
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| 23 | 23 | | (6) obscene materials kept or prepared for commercial |
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| 24 | 24 | | distribution or exhibition, subject to the additional rules set |
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| 25 | 25 | | forth by law; |
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| 26 | 26 | | (7) a drug, controlled substance, immediate |
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| 27 | 27 | | precursor, chemical precursor, or other controlled substance |
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| 28 | 28 | | property, including an apparatus or paraphernalia kept, prepared, |
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| 29 | 29 | | or manufactured in violation of the laws of this state; |
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| 30 | 30 | | (8) any property the possession of which is prohibited |
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| 31 | 31 | | by law; |
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| 32 | 32 | | (9) implements or instruments used in the commission |
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| 33 | 33 | | of a crime; |
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| 34 | 34 | | (10) property or items, except the personal writings |
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| 35 | 35 | | by the accused, constituting evidence of an offense or constituting |
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| 36 | 36 | | evidence tending to show that a particular person committed an |
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| 37 | 37 | | offense; |
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| 38 | 38 | | (11) persons; |
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| 39 | 39 | | (12) contraband subject to forfeiture under Chapter 59 |
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| 40 | 40 | | of this code; |
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| 41 | 41 | | (13) electronic customer data held in electronic |
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| 42 | 42 | | storage, including: |
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| 43 | 43 | | (A) the contents of and records and other |
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| 44 | 44 | | information related to a wire communication or electronic |
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| 45 | 45 | | communication held in electronic storage; and |
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| 46 | 46 | | (B) cell site information; or |
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| 47 | 47 | | (14) a cellular telephone or other wireless |
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| 48 | 48 | | communications device, subject to Article 18.0215. |
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| 49 | 49 | | SECTION 2. Article 18.02(b)(2), Code of Criminal Procedure, |
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| 50 | 50 | | as effective January 1, 2019, is amended to read as follows: |
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| 51 | 51 | | (2) "Cell site information," "electronic |
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| 52 | 52 | | ["Electronic] customer data," [data"] and "electronic storage" |
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| 53 | 53 | | have the meanings assigned by Article 18B.001. |
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| 54 | 54 | | SECTION 3. Article 18B.001, Code of Criminal Procedure, is |
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| 55 | 55 | | amended by adding Subdivision (1-a) and amending Subdivision (7) to |
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| 56 | 56 | | read as follows: |
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| 57 | 57 | | (1-a) "Cell site information" means information that |
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| 58 | 58 | | reveals the location of a cellular telephone or other wireless |
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| 59 | 59 | | communications device and that is derived from the device's |
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| 60 | 60 | | connections to radio antennas through which a provider of an |
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| 61 | 61 | | electronic communications service or provider of a remote computing |
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| 62 | 62 | | service provides wireless service to that device. |
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| 63 | 63 | | (7) "Electronic customer data" means data or records |
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| 64 | 64 | | that: |
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| 65 | 65 | | (A) are in the possession, care, custody, or |
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| 66 | 66 | | control of a provider of an electronic communications service or |
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| 67 | 67 | | provider of a remote computing service; and |
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| 68 | 68 | | (B) contain: |
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| 69 | 69 | | (i) information revealing the identity of |
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| 70 | 70 | | customers of the applicable service; |
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| 71 | 71 | | (ii) information about a customer's use of |
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| 72 | 72 | | the applicable service; |
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| 73 | 73 | | (iii) information that identifies the |
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| 74 | 74 | | recipient or destination of a wire or electronic communication sent |
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| 75 | 75 | | to or by a customer; |
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| 76 | 76 | | (iv) the content of a wire or electronic |
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| 77 | 77 | | communication sent to or by a customer; [and] |
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| 78 | 78 | | (v) cell site information; and |
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| 79 | 79 | | (vi) any data stored with the applicable |
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| 80 | 80 | | service provider by or on behalf of a customer. |
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| 81 | 81 | | SECTION 4. The changes in law made by this Act apply only to |
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| 82 | 82 | | a warrant issued on or after the effective date of this Act. A |
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| 83 | 83 | | warrant issued before the effective date of this Act is governed by |
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| 84 | 84 | | the law in effect on the date the warrant was issued, and the former |
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| 85 | 85 | | law is continued in effect for that purpose. |
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| 86 | 86 | | SECTION 5. This Act takes effect September 1, 2019. |
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