Texas House Bill HB1232

Texas 2023 - 88th Regular

• Filed: 1/9/23
• Out of House Committee: 5/5/23

Caption

Relating to the powers and duties of certain prosecutors and authorized peace officers of the offices of those prosecutors with respect to certain laws governing the installation and use of tracking equipment and access to certain communications.

Impact

If enacted, HB 1232 would amend several provisions in the Code of Criminal Procedure regarding the regulation and authorization of tracking devices. The effect of the bill seeks to streamline the process through which prosecutors in larger counties can access and use surveillance technologies, potentially optimizing law enforcement operations. This change may facilitate more effective criminal investigations and enhance the ability to track criminal activities more precisely due to increased access to advanced technology by local law enforcement agencies.

Summary

House Bill 1232, introduced by Representative Jessica Gonzalez of Dallas, focuses on enhancing the powers and duties of prosecutors and authorized peace officers in relation to the use of tracking equipment and access to certain communications. The bill primarily expands current regulations to include offices of prosecutors in populous counties, specifically those with populations over 2.1 million. It would allow these agencies to operate and monitor tracking devices such as pen registers and ESN (Electronic Serial Number) readers for law enforcement purposes. Furthermore, the bill mandates that a report of tracking equipment expenditures is submitted to the director of the Texas Department of Criminal Justice by the respective agencies.

Sentiment

The sentiment surrounding HB 1232 appears to be supportive among those advocating for enhanced law enforcement capabilities and streamlined processes. Proponents argue that empowering prosecutors and law enforcement with additional tools can lead to more effective crime-fighting strategies and public safety initiatives. However, there may also be accompanying concerns among civil rights advocates regarding surveillance practices and the potential for misuse of tracking technology, raising questions about privacy rights that need to be considered in broader discussions about law enforcement powers.

Contention

Notable points of contention surrounding the bill may revolve around the implications of increasing surveillance capabilities for law enforcement. Critics might argue that expanding the use of tracking equipment without sufficient oversight could undermine civil liberties and the right to privacy. The balance between effective law enforcement and the protection of individual rights is likely to be a significant aspect of discussions regarding the legislation as it progresses through the legislative process. Debates may also focus on whether such amendments are necessary for effective prosecution, given existing regulations.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 18. Search Warrants
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