Texas 2021 - 87th Regular

Texas House Bill HB3363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3363
	1	+	By: Harless, et al. (Senate Sponsor - West) H.B. No. 3363
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the issuance and execution of certain search warrants
6	12		in a criminal investigation and the admissibility of evidence
7	13		obtained through certain searches.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Article 18.01(b), Code of Criminal Procedure, is
10	16		amended to read as follows:
11	17		(b) No search warrant shall issue for any purpose in this
12	18		state unless sufficient facts are first presented to satisfy the
13	19		issuing magistrate that probable cause does in fact exist for its
14	20		issuance. A sworn affidavit setting forth substantial facts
15	21		establishing probable cause shall be filed in every instance in
16	22		which a search warrant is requested. Except as otherwise provided
17	23		by this code [provided by Article 18.011], the affidavit becomes
18	24		public information when the search warrant for which the affidavit
19	25		was presented is executed, and the magistrate's clerk shall make a
20	26		copy of the affidavit available for public inspection in the
21	27		clerk's office during normal business hours.
22	28		SECTION 2. Article 18.06(a), Code of Criminal Procedure, is
23	29		amended to read as follows:
24	30		(a) A peace officer to whom a search warrant is delivered
25	31		shall execute the warrant without delay and shall [forthwith]
26	32		return the warrant to the proper magistrate. [A search warrant
27	33		issued under Article 18B.354 must be executed in the manner
28	34		provided by Article 18B.355 not later than the 11th day after the
29	35		date of issuance. In all other cases, a search warrant must be
30	36		executed within three days from the time of its issuance. A warrant
31	37		issued under this chapter, Chapter 18A, or Chapter 18B shall be
32	38		executed within a shorter period if so directed in the warrant by
33	39		the magistrate.]
34	40		SECTION 3. Article 18.07(a), Code of Criminal Procedure, is
35	41		amended to read as follows:
36	42		(a) Unless the magistrate directs in the warrant a shorter
37	43		period for the execution of any search warrant issued under this
38	44		chapter, Chapter 18A, or Chapter 18B, the [The] period allowed for
39	45		the execution of the [a search] warrant, exclusive of the day of its
40	46		issuance and of the day of its execution, is:
41	47		(1) 15 whole days if the warrant is issued solely to
42	48		search for and seize specimens from a specific person for DNA
43	49		analysis and comparison, including blood and saliva samples;
44	50		(2) 10 whole days if the warrant is issued under
45	51		Article 18B.354 or Subchapter G-1, Chapter 18B; or
46	52		(3) three whole days if the warrant is issued for a
47	53		purpose other than that described by Subdivision (1) or (2).
48	54		SECTION 4. Article 18B.001, Code of Criminal Procedure, is
49	55		amended by amending Subdivision (7) and adding Subdivisions (9-a)
50	56		and (9-b) to read as follows:
51	57		(7) "Electronic customer data" means data or records
52	58		that:
53	59		(A) are in the possession, care, custody, or
54	60		control of a provider of an electronic communications service or
55	61		provider of a remote computing service; and
56	62		(B) contain:
57	63		(i) information revealing the identity of
58	64		customers of the applicable service;
59	65		(ii) information about a customer's use of
60	66		the applicable service;
61	67		(iii) information that identifies the
62	68		recipient or destination of a wire or electronic communication sent
63	69		to or by a customer;
64	70		(iv) the content of a wire or electronic
65	71		communication sent to or by a customer; [and]
66	72		(v) any data stored with the applicable
67	73		service provider by or on behalf of a customer; or
68	74		(vi) location information.
69	75		(9-a) "Immediate life-threatening situation" has the
70	76		meaning assigned by Article 18A.201.
71	77		(9-b) "Location information" means data, records, or
72	78		other information that is created by or accessible to a provider of
73	79		an electronic communications service or a provider of a remote
74	80		computing service and may be used to identify the geographic
75	81		physical location of a communication device, including the current,
76	82		real-time, or prospective geographic physical location of a
77	83		communication device.
78	84		SECTION 5. Chapter 18B, Code of Criminal Procedure, is
79	85		amended by adding Subchapter G-1 to read as follows:
80	86		SUBCHAPTER G-1. PROSPECTIVE LOCATION INFORMATION
81	87		Art. 18B.321. APPLICABILITY. (a) This subchapter applies
82	88		only to a warrant described by Article 18B.322 for the required
83	89		disclosure of location information that is:
84	90		(1) held in electronic storage in the possession,
85	91		care, custody, or control of a provider of an electronic
86	92		communications service or a provider of a remote computing service;
87	93		and
88	94		(2) created after the issuance of the warrant.
89	95		(b) Articles 18B.355, 18B.356, and 18B.357 apply to a
90	96		warrant issued under this subchapter in the same manner as those
91	97		articles apply to a warrant issued under Article 18B.354.
92	98		Art. 18B.322. WARRANT REQUIRED FOR CERTAIN LOCATION
93	99		INFORMATION HELD IN ELECTRONIC STORAGE. (a) A warrant is required
94	100		to obtain the disclosure of location information described by
95	101		Article 18B.321(a) by a provider of an electronic communications
96	102		service or a provider of a remote computing service.
97	103		(b) Only a prosecutor or a prosecutor's assistant with
98	104		jurisdiction in a county within a judicial district described by
99	105		Article 18B.052(4) may file an application for a warrant under this
100	106		subchapter. The application must be supported by the sworn
101	107		affidavit required by Article 18.01(b).
102	108		(c) The application must be filed with a district judge in
103	109		the applicable judicial district on:
104	110		(1) the prosecutor's or assistant's own motion; or
105	111		(2) the request of an authorized peace officer of a
106	112		designated law enforcement office or agency or an authorized peace
107	113		officer commissioned by the department.
108	114		Art. 18B.323. ISSUANCE OF WARRANT. (a) On the filing of an
109	115		application for a warrant under this subchapter, a district judge
110	116		may issue the warrant to obtain the disclosure of location
111	117		information by a provider described by Article 18B.355(b),
112	118		regardless of whether the location information is held at a
113	119		location in this state or another state.
114	120		(b) A warrant may not be issued under this article unless
115	121		the sworn affidavit required by Article 18.01(b) provides
116	122		sufficient and substantial facts to establish probable cause that:
117	123		(1) the disclosure of the location information sought
118	124		will:
119	125		(A) produce evidence of an offense under
120	126		investigation; or
121	127		(B) result in the apprehension of a fugitive from
122	128		justice; and
123	129		(2) the location information sought is held in
124	130		electronic storage in the possession, care, custody, or control of
125	131		the service provider on which the warrant is served.
126	132		Art. 18B.324. DURATION; SEALING. (a) A warrant issued
127	133		under this subchapter is valid for a period not to exceed 60 days
128	134		after the date the warrant is issued, unless the prosecutor or
129	135		prosecutor's assistant applies for and obtains an extension of that
130	136		period from the court before the warrant expires.
131	137		(b) Each extension granted under Subsection (a) may not
132	138		exceed a period of 60 days.
133	139		(c) A district court that issues a warrant under this
134	140		subchapter shall order the warrant and the application for the
135	141		warrant sealed and may not unseal the warrant and application until
136	142		after the warrant expires.
137	143		Art. 18B.325. EMERGENCY DISCLOSURE. (a) An authorized
138	144		peace officer of a designated law enforcement office or agency or an
139	145		authorized peace officer commissioned by the department may,
140	146		without a warrant, require the disclosure of location information
141	147		described by Article 18B.321(a) if:
142	148		(1) the officer reasonably believes an immediate
143	149		life-threatening situation exists that:
144	150		(A) is within the officer's territorial
145	151		jurisdiction; and
146	152		(B) requires the disclosure of the location
147	153		information before a warrant can, with due diligence, be obtained
148	154		under this subchapter; and
149	155		(2) there are sufficient grounds under this subchapter
150	156		on which to obtain a warrant requiring the disclosure of the
151	157		location information.
152	158		(b) Not later than 48 hours after requiring disclosure of
153	159		location information without a warrant under Subsection (a), the
154	160		authorized peace officer shall obtain a warrant for that purpose in
155	161		accordance with this subchapter.
156	162		Art. 18B.326. CERTAIN EVIDENCE NOT ADMISSIBLE. The state
157	163		may not use as evidence in a criminal proceeding any information
158	164		obtained through the required disclosure of location information
159	165		described by Article 18B.321(a), unless:
160	166		(1) a warrant is obtained before requiring the
161	167		disclosure; or
162	168		(2) if the disclosure is required under Article
163	169		18B.325 before a warrant can be obtained, the authorized peace
164	170		officer who required the disclosure obtains a warrant as required
165	171		by Subsection (b) of that article.
166	172		SECTION 6. Article 18B.151(a), Code of Criminal Procedure,
167	173		is repealed.
168	174		SECTION 7. Chapter 18B, Code of Criminal Procedure, as
169	175		amended by this Act, applies to the disclosure of certain
170	176		information by a provider of an electronic communications service
171	177		or a provider of a remote computing service under a warrant, order,
172	178		or other legal process on or after the effective date of this Act.
173	179		SECTION 8. This Act takes effect September 1, 2021.
174		-	______________________________ ______________________________
175		-	President of the Senate Speaker of the House
176		-	I certify that H.B. No. 3363 was passed by the House on May
177		-	14, 2021, by the following vote: Yeas 143, Nays 2, 2 present, not
178		-	voting.
179		-	______________________________
180		-	Chief Clerk of the House
181		-	I certify that H.B. No. 3363 was passed by the Senate on May
182		-	26, 2021, by the following vote: Yeas 31, Nays 0.
183		-	______________________________
184		-	Secretary of the Senate
185		-	APPROVED: _____________________
186		-	Date
187		-	_____________________
188		-	Governor
	180	+	* * * * *