88R11043 JCG-D
By: Jetton H.B. No. 2820
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for access to certain location
information by certain law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18B.322(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The application must be filed with a district judge in
the applicable judicial district on:
(1) the prosecutor's or assistant's own motion; or
(2) the request of:
(A) an authorized peace officer of:
(i) a designated law enforcement office or
agency; or
(ii) the sheriff's department of a county
with a population of 800,000 or more adjacent to a county with a
population of 3.3 million or more; or
(B) an authorized peace officer commissioned by
the department.
SECTION 2. Article 18B.325(a), Code of Criminal Procedure,
is amended to read as follows:
(a) An authorized peace officer described by Article
18B.322(c)(2)(A) or (B) [of a designated law enforcement office or
agency or an authorized peace officer commissioned by the
department] may, without a warrant, require the disclosure of
location information described by Article 18B.321(a) if:
(1) the officer reasonably believes an immediate
life-threatening situation exists that:
(A) is within the officer's territorial
jurisdiction; and
(B) requires the disclosure of the location
information before a warrant can, with due diligence, be obtained
under this subchapter; and
(2) there are sufficient grounds under this subchapter
on which to obtain a warrant requiring the disclosure of the
location information.
SECTION 3. This Act takes effect September 1, 2023.