| 1 | 1 | | 88R11043 JCG-D |
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| 2 | 2 | | By: Jetton H.B. No. 2820 |
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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 procedures for access to certain location |
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| 8 | 8 | | information by certain law enforcement agencies. |
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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.322(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 application must be filed with a district judge in |
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| 13 | 13 | | the applicable judicial district on: |
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| 14 | 14 | | (1) the prosecutor's or assistant's own motion; or |
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| 15 | 15 | | (2) the request of: |
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| 16 | 16 | | (A) an authorized peace officer of: |
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| 17 | 17 | | (i) a designated law enforcement office or |
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| 18 | 18 | | agency; or |
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| 19 | 19 | | (ii) the sheriff's department of a county |
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| 20 | 20 | | with a population of 800,000 or more adjacent to a county with a |
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| 21 | 21 | | population of 3.3 million or more; or |
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| 22 | 22 | | (B) an authorized peace officer commissioned by |
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| 23 | 23 | | the department. |
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| 24 | 24 | | SECTION 2. Article 18B.325(a), Code of Criminal Procedure, |
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| 25 | 25 | | is amended to read as follows: |
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| 26 | 26 | | (a) An authorized peace officer described by Article |
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| 27 | 27 | | 18B.322(c)(2)(A) or (B) [of a designated law enforcement office or |
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| 28 | 28 | | agency or an authorized peace officer commissioned by the |
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| 29 | 29 | | department] may, without a warrant, require the disclosure of |
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| 30 | 30 | | location information described by Article 18B.321(a) if: |
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| 31 | 31 | | (1) the officer reasonably believes an immediate |
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| 32 | 32 | | life-threatening situation exists that: |
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| 33 | 33 | | (A) is within the officer's territorial |
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| 34 | 34 | | jurisdiction; and |
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| 35 | 35 | | (B) requires the disclosure of the location |
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| 36 | 36 | | information before a warrant can, with due diligence, be obtained |
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| 37 | 37 | | under this subchapter; and |
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| 38 | 38 | | (2) there are sufficient grounds under this subchapter |
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| 39 | 39 | | on which to obtain a warrant requiring the disclosure of the |
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| 40 | 40 | | location information. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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