Texas 2021 - 87th Regular

Texas Senate Bill SB112 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 112
	1	+	87R26467 JCG-D
	2	+	By: West S.B. No. 112
	3	+	(Harless, White)
	4	+	Substitute the following for S.B. No. 112: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the procedures for the installation and use of tracking
6	10		equipment and for access to certain communications and location
7	11		information by law enforcement and the admissibility of certain
8	12		evidence obtained through those procedures.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Article 18.01(b), Code of Criminal Procedure, is
11	15		amended to read as follows:
12	16		(b) No search warrant shall issue for any purpose in this
13	17		state unless sufficient facts are first presented to satisfy the
14	18		issuing magistrate that probable cause does in fact exist for its
15	19		issuance. A sworn affidavit setting forth substantial facts
16	20		establishing probable cause shall be filed in every instance in
17	21		which a search warrant is requested. Except as otherwise provided
18	22		by this code [provided by Article 18.011], the affidavit becomes
19	23		public information when the search warrant for which the affidavit
20	24		was presented is executed, and the magistrate's clerk shall make a
21	25		copy of the affidavit available for public inspection in the
22	26		clerk's office during normal business hours.
23	27		SECTION 2. Article 18.06(a), Code of Criminal Procedure, is
24	28		amended to read as follows:
25	29		(a) A peace officer to whom a search warrant is delivered
26	30		shall execute the warrant without delay and shall [forthwith]
27	31		return the warrant to the proper magistrate. [A search warrant
28	32		issued under Article 18B.354 must be executed in the manner
29	33		provided by Article 18B.355 not later than the 11th day after the
30	34		date of issuance. In all other cases, a search warrant must be
31	35		executed within three days from the time of its issuance. A warrant
32	36		issued under this chapter, Chapter 18A, or Chapter 18B shall be
33	37		executed within a shorter period if so directed in the warrant by
34	38		the magistrate.]
35	39		SECTION 3. Article 18.07(a), Code of Criminal Procedure, is
36	40		amended to read as follows:
37	41		(a) Unless the magistrate directs in the warrant a shorter
38	42		period for the execution of any search warrant issued under this
39	43		chapter, Chapter 18A, or Chapter 18B, the [The] period allowed for
40	44		the execution of the [a search] warrant, exclusive of the day of its
41	45		issuance and of the day of its execution, is:
42	46		(1) 15 whole days if the warrant is issued solely to
43	47		search for and seize specimens from a specific person for DNA
44	48		analysis and comparison, including blood and saliva samples;
45	49		(2) 10 whole days if the warrant is issued under
46	50		Article 18B.354 or Subchapter G-1, Chapter 18B; or
47	51		(3) three whole days if the warrant is issued for a
48	52		purpose other than that described by Subdivision (1) or (2).
49	53		SECTION 4. Article 18B.001, Code of Criminal Procedure, is
50	54		amended by amending Subdivision (7) and adding Subdivisions (9-a)
51	55		and (9-b) to read as follows:
52	56		(7) "Electronic customer data" means data or records
53	57		that:
54	58		(A) are in the possession, care, custody, or
55	59		control of a provider of an electronic communications service or
56	60		provider of a remote computing service; and
57	61		(B) contain:
58	62		(i) information revealing the identity of
59	63		customers of the applicable service;
60	64		(ii) information about a customer's use of
61	65		the applicable service;
62	66		(iii) information that identifies the
63	67		recipient or destination of a wire or electronic communication sent
64	68		to or by a customer;
65	69		(iv) the content of a wire or electronic
66	70		communication sent to or by a customer; [and]
67	71		(v) any data stored with the applicable
68	72		service provider by or on behalf of a customer; or
69	73		(vi) location information.
70	74		(9-a) "Immediate life-threatening situation" has the
71	75		meaning assigned by Article 18A.201.
72	76		(9-b) "Location information" means data, records, or
73	77		other information that is created by or accessible to a provider of
74	78		an electronic communications service or a provider of a remote
75	79		computing service and may be used to identify the geographic
76	80		physical location of a communication device, including the current,
77	81		real-time, or prospective geographic physical location of a
78	82		communication device.
79	83		SECTION 5. Article 18B.202(c), Code of Criminal Procedure,
80	84		is amended to read as follows:
81	85		(c) The affidavit must:
82	86		(1) state the name, department, agency, and address of
83	87		the applicant;
84	88		(2) identify the vehicle, container, or item to which,
85	89		in which, or on which the mobile tracking device is to be attached,
86	90		placed, or otherwise installed;
87	91		(3) state the name of the owner or possessor of the
88	92		vehicle, container, or item identified under Subdivision (2);
89	93		(4) state the judicial jurisdictional area in which
90	94		the vehicle, container, or item identified under Subdivision (2) is
91	95		expected to be found; and
92	96		(5) state the facts and circumstances that provide the
93	97		applicant with probable cause to believe [a reasonable suspicion]
94	98		that:
95	99		(A) criminal activity has been, is, or will be
96	100		committed; and
97	101		(B) the installation and use of a mobile tracking
98	102		device is likely to produce information that is material to an
99	103		ongoing criminal investigation of that criminal activity.
100	104		SECTION 6. Chapter 18B, Code of Criminal Procedure, is
101	105		amended by adding Subchapter G-1 to read as follows:
102	106		SUBCHAPTER G-1. PROSPECTIVE LOCATION INFORMATION
103	107		Art. 18B.321. APPLICABILITY. (a) This subchapter applies
104	108		only to a warrant described by Article 18B.322 for the required
105	109		disclosure of location information that is:
106	110		(1) held in electronic storage in the possession,
107	111		care, custody, or control of a provider of an electronic
108	112		communications service or a provider of a remote computing service;
109	113		and
110	114		(2) created after the issuance of the warrant.
111	115		(b) Articles 18B.355, 18B.356, and 18B.357 apply to a
112	116		warrant issued under this subchapter in the same manner as those
113	117		articles apply to a warrant issued under Article 18B.354.
114	118		Art. 18B.322. WARRANT REQUIRED FOR CERTAIN LOCATION
115	119		INFORMATION HELD IN ELECTRONIC STORAGE. (a) A warrant is required
116	120		to obtain the disclosure of location information described by
117	121		Article 18B.321(a) by a provider of an electronic communications
118	122		service or a provider of a remote computing service.
119	123		(b) Only a prosecutor or a prosecutor's assistant with
120	124		jurisdiction in a county within a judicial district described by
121	125		Article 18B.052(4) may file an application for a warrant under this
122	126		subchapter. The application must be supported by the sworn
123	127		affidavit required by Article 18.01(b).
124	128		(c) The application must be filed with a district judge in
125	129		the applicable judicial district on:
126	130		(1) the prosecutor's or assistant's own motion; or
127	131		(2) the request of an authorized peace officer of a
128	132		designated law enforcement office or agency or an authorized peace
129	133		officer commissioned by the department.
130	134		Art. 18B.323. ISSUANCE OF WARRANT. (a) On the filing of an
131	135		application for a warrant under this subchapter, a district judge
132	136		may issue the warrant to obtain the disclosure of location
133	137		information by a provider described by Article 18B.355(b),
134	138		regardless of whether the location information is held at a
135	139		location in this state or another state.
136	140		(b) A warrant may not be issued under this article unless
137	141		the sworn affidavit required by Article 18.01(b) provides
138	142		sufficient and substantial facts to establish probable cause that:
139	143		(1) the disclosure of the location information sought
140	144		will:
141	145		(A) produce evidence of an offense under
142	146		investigation; or
143	147		(B) result in the apprehension of a fugitive from
144	148		justice; and
145	149		(2) the location information sought is held in
146	150		electronic storage in the possession, care, custody, or control of
147	151		the service provider on which the warrant is served.
148	152		Art. 18B.324. DURATION; SEALING. (a) A warrant issued
149	153		under this subchapter is valid for a period not to exceed 60 days
150	154		after the date the warrant is issued, unless the prosecutor or
151	155		prosecutor's assistant applies for and obtains an extension of that
152	156		period from the court before the warrant expires.
153	157		(b) Each extension granted under Subsection (a) may not
154	158		exceed a period of 60 days.
155	159		(c) A district court that issues a warrant under this
156	160		subchapter shall order the warrant and the application for the
157	161		warrant sealed and may not unseal the warrant and application until
158	162		after the warrant expires.
159	163		Art. 18B.325. EMERGENCY DISCLOSURE. (a) An authorized
160	164		peace officer of a designated law enforcement office or agency or an
161	165		authorized peace officer commissioned by the department may,
162	166		without a warrant, require the disclosure of location information
163	167		described by Article 18B.321(a) if:
164	168		(1) the officer reasonably believes an immediate
165	169		life-threatening situation exists that:
166	170		(A) is within the officer's territorial
167	171		jurisdiction; and
168	172		(B) requires the disclosure of the location
169	173		information before a warrant can, with due diligence, be obtained
170	174		under this subchapter; and
171	175		(2) there are sufficient grounds under this subchapter
172	176		on which to obtain a warrant requiring the disclosure of the
173	177		location information.
174	178		(b) Not later than 48 hours after requiring disclosure of
175	179		location information without a warrant under Subsection (a), the
176	180		authorized peace officer shall obtain a warrant for that purpose in
177	181		accordance with this subchapter.
178	182		Art. 18B.326. CERTAIN EVIDENCE NOT ADMISSIBLE. The state
179	183		may not use as evidence in a criminal proceeding any information
180	184		obtained through the required disclosure of location information
181	185		described by Article 18B.321(a), unless:
182	186		(1) a warrant is obtained before requiring the
183	187		disclosure; or
184	188		(2) if the disclosure is required under Article
185	189		18B.325 before a warrant can be obtained, the authorized peace
186	190		officer who required the disclosure obtains a warrant as required
187	191		by Subsection (b) of that article.
188	192		SECTION 7. Article 18B.151(a), Code of Criminal Procedure,
189	193		is repealed.
190	194		SECTION 8. The changes in law made by this Act to Chapter
191	195		18B, Code of Criminal Procedure, relating to the disclosure of
192	196		certain information by a provider of an electronic communications
193	197		service or a provider of a remote computing service under a warrant,
194	198		order, or other legal process apply only to a disclosure made on or
195	199		after the effective date of this Act.
196	200		SECTION 9. This Act takes effect September 1, 2021.
197		-	______________________________ ______________________________
198		-	President of the Senate Speaker of the House
199		-	I hereby certify that S.B. No. 112 passed the Senate on
200		-	April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
201		-	the Senate concurred in House amendment on May 28, 2021, by the
202		-	following vote: Yeas 31, Nays 0.
203		-	______________________________
204		-	Secretary of the Senate
205		-	I hereby certify that S.B. No. 112 passed the House, with
206		-	amendment, on May 25, 2021, by the following vote: Yeas 120,
207		-	Nays 22, three present not voting.
208		-	______________________________
209		-	Chief Clerk of the House
210		-	Approved:
211		-	______________________________
212		-	Date
213		-	______________________________
214		-	Governor