| 1 | 1 | | 89R8989 JCG-F |
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| 2 | 2 | | By: Harless H.B. No. 2178 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the emergency installation and use of a mobile tracking |
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| 10 | 10 | | device on a vehicle by an authorized peace officer. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter E, Chapter 18B, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 18B.2055 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Art. 18B.2055. EMERGENCY INSTALLATION AND USE OF MOBILE |
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| 16 | 16 | | TRACKING DEVICE ON VEHICLE. (a) An authorized peace officer may |
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| 17 | 17 | | install and use a mobile tracking device on a vehicle without |
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| 18 | 18 | | obtaining an order under this subchapter if: |
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| 19 | 19 | | (1) the peace officer has probable cause to believe |
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| 20 | 20 | | that the vehicle to which, in which, or on which the mobile tracking |
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| 21 | 21 | | device is to be attached, placed, or otherwise installed is being |
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| 22 | 22 | | used in the commission of an offense: |
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| 23 | 23 | | (A) listed in Article 42A.054; or |
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| 24 | 24 | | (B) under Section 38.04 or 38.06, Penal Code, |
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| 25 | 25 | | that is punishable as a felony; and |
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| 26 | 26 | | (2) the installation and use of the mobile tracking |
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| 27 | 27 | | device without first obtaining an order under this subchapter is |
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| 28 | 28 | | necessary to prevent: |
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| 29 | 29 | | (A) the impairment of a criminal investigation; |
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| 30 | 30 | | (B) the damage or destruction of property; |
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| 31 | 31 | | (C) the death of or bodily injury to a person; or |
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| 32 | 32 | | (D) the escape of a person who is a fugitive from |
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| 33 | 33 | | justice for a felony. |
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| 34 | 34 | | (b) Not later than 72 hours after the time the mobile |
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| 35 | 35 | | tracking device is attached, placed, or otherwise installed on the |
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| 36 | 36 | | vehicle, the authorized peace officer shall obtain an order under |
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| 37 | 37 | | this subchapter from a district judge with jurisdiction over the |
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| 38 | 38 | | site of the vehicle the movement of which is being tracked by the |
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| 39 | 39 | | device. An application for an order required by this subsection |
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| 40 | 40 | | must provide one or more reasons as prescribed by Subsection (a)(2) |
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| 41 | 41 | | for the necessity of installing and using a mobile tracking device |
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| 42 | 42 | | without first obtaining an order under this subchapter. |
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| 43 | 43 | | (c) The authorized peace officer may designate another |
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| 44 | 44 | | authorized peace officer to obtain the order under Subsection (b) |
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| 45 | 45 | | on behalf of the authorized peace officer who attached, placed, or |
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| 46 | 46 | | otherwise installed the mobile tracking device. |
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| 47 | 47 | | (d) The judge may issue an order authorizing the |
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| 48 | 48 | | installation and use of the mobile tracking device during the |
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| 49 | 49 | | 72-hour period prescribed by Subsection (b) if the judge finds |
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| 50 | 50 | | that: |
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| 51 | 51 | | (1) the vehicle is being used for the commission of an |
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| 52 | 52 | | offense described by Subsection (a)(1); and |
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| 53 | 53 | | (2) the installation and use of the mobile tracking |
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| 54 | 54 | | device without first obtaining an order under this subchapter was |
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| 55 | 55 | | necessary for a reason prescribed by Subsection (a)(2). |
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| 56 | 56 | | (e) If the application for the order is denied or the order |
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| 57 | 57 | | is not issued within the 72-hour period prescribed by Subsection |
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| 58 | 58 | | (b): |
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| 59 | 59 | | (1) the authorized peace officer shall terminate the |
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| 60 | 60 | | use of the mobile tracking device on the earlier of the denial of |
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| 61 | 61 | | the application or the expiration of the 72-hour period; and |
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| 62 | 62 | | (2) the state may not use as evidence in a criminal |
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| 63 | 63 | | proceeding any information obtained through the use of the mobile |
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| 64 | 64 | | tracking device. |
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| 65 | 65 | | SECTION 2. The changes in law made by this Act apply only to |
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| 66 | 66 | | the installation and use of a mobile tracking device by an |
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| 67 | 67 | | authorized peace officer on or after the effective date of this Act. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2025. |
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