| 1 | 1 | | 87R778 JCG-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 356 |
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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 the requirements of an affidavit supporting the |
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| 8 | 8 | | installation and use of a mobile tracking device. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 18B.202(c), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (c) The affidavit must: |
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| 13 | 13 | | (1) state the name, department, agency, and address of |
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| 14 | 14 | | the applicant; |
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| 15 | 15 | | (2) identify the vehicle, container, or item to which, |
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| 16 | 16 | | in which, or on which the mobile tracking device is to be attached, |
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| 17 | 17 | | placed, or otherwise installed; |
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| 18 | 18 | | (3) state the name of the owner or possessor of the |
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| 19 | 19 | | vehicle, container, or item identified under Subdivision (2); |
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| 20 | 20 | | (4) state the judicial jurisdictional area in which |
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| 21 | 21 | | the vehicle, container, or item identified under Subdivision (2) is |
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| 22 | 22 | | expected to be found; and |
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| 23 | 23 | | (5) state the facts and circumstances that provide the |
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| 24 | 24 | | applicant with probable cause to believe [a reasonable suspicion] |
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| 25 | 25 | | that: |
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| 26 | 26 | | (A) criminal activity has been, is, or will be |
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| 27 | 27 | | committed; and |
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| 28 | 28 | | (B) the installation and use of a mobile tracking |
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| 29 | 29 | | device is likely to produce information that is material to an |
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| 30 | 30 | | ongoing criminal investigation of that criminal activity. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2021. |
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