Texas 2021 - 87th Regular

Texas House Bill HB1654

Caption

Relating to certain evidence obtained in a criminal investigation, including the issuance and execution of certain search warrants, the required disclosure of certain information in emergency situations, and the admissibility of certain evidence obtained with or without warrants.

Impact

The new provisions introduced by HB 1654 enhance the regulatory framework governing search warrants, establishing clearer guidelines on when and how warrants can be requested and executed. This includes requirements aimed at protecting citizens' rights surrounding privacy and due process while ensuring that law enforcement has the necessary tools to act in exigent circumstances. By outlining the protocols for obtaining evidence from electronic communication service providers, the bill is also designed to adapt to modern investigative techniques that involve digital data.

Summary

House Bill 1654 focuses on procedures related to evidence obtained during criminal investigations, particularly concerning the issuance and execution of search warrants. The bill amends various articles within the Code of Criminal Procedure to clarify the requirements for establishing probable cause for such warrants and specifies how location information can be disclosed in urgent situations. Notably, it asserts that no search warrant may be issued without a sworn affidavit that presents substantial facts to justify probable cause, promoting transparency within law enforcement operations.

Contention

While the bill aims to improve the handling of search warrants and the admissibility of evidence, it may also spark debates concerning the balance between law enforcement authority and individual privacy rights. Critics might argue that the provisions allowing warrantless exigent situation disclosures could lead to potential abuses of power. Nonetheless, supporters will likely contend that the bill is vital for empowering law enforcement to respond swiftly in emergency cases where lives may be at stake, thus justifying the need for additional authority.

Companion Bills

No companion bills found.

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