Texas 2021 - 87th Regular

Texas Senate Bill SB112

Caption

Relating to the procedures for the installation and use of tracking equipment and for access to certain communications and location information by law enforcement and the admissibility of certain evidence obtained through those procedures.

Impact

The bill modifies existing statutes within the Code of Criminal Procedure, particularly pertaining to how warrants are issued and executed for tracking information. It introduces strict requirements for establishing probable cause, ensuring that officers must present substantial justifications before gaining access to tracking data. Additionally, it sets time limits on the execution of warrants and stipulates conditions for emergency disclosures, thereby enhancing the legal protection of personal privacy while still addressing law enforcement needs.

Summary

Senate Bill 112 concerns the procedures surrounding the installation and use of tracking equipment by law enforcement and the regulations around accessing communication and location information. The bill aims to articulate and clarify the legal framework under which law enforcement can operate when utilizing technology to obtain personal data. It establishes requirements for warrants and conditions under which this data can be accessed, aiming to balance the needs of law enforcement with individual privacy rights.

Sentiment

The sentiment around SB112 appears to be mixed among stakeholders. Proponents argue that the bill creates necessary safeguards to protect citizens' privacy rights by ensuring that law enforcement must adhere to strict protocols when accessing sensitive information. Critics, however, express concerns that even with these regulations, the use of tracking technology could lead to overreach and encroach on civil liberties. The debate highlights ongoing tensions between the necessity of public safety measures and the protection of individual rights in the digital age.

Contention

Notable points of contention stem from the implications of allowing law enforcement to access location data without a warrant in emergency situations, which raises concerns about the potential for misuse. The bill also touches on the broader conversation about the evolving landscape of technology and privacy rights, particularly given advancements in tracking and surveillance capabilities. As legislators navigate these challenges, the bill's passage reflects an attempt to modernize legal standards while aiming to ensure accountability within law enforcement practices.

Companion Bills

TX HB356

Same As Relating to the requirements of an affidavit supporting the installation and use of a mobile tracking device.

Similar Bills

TX HB3363

Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.

TX SB1867

Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.

TX HB1654

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.

TX HB3453

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX SB2093

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX SB1717

Relating to subpoenas, orders, and warrants for the disclosure of location information, electronic customer communications records, and electronic customer data and for the use of pen registers, ESN readers, cell site simulators, and mobile tracking devices; creating a criminal offense.

TX HB2158

Relating to the adoption of the Texas Revised Uniform Fiduciary Access to Digital Assets Act.

TX SB1193

Relating to the adoption of the Texas Revised Uniform Fiduciary Access to Digital Assets Act.