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AN ACT
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relating to the interception or the collection of information from |
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certain communications in an investigation of criminal conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (1), Section 1, Article 18.20, Code |
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of Criminal Procedure, is amended to read as follows: |
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(1) "Wire communication" means an aural transfer made |
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in whole or in part through the use of facilities for the |
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transmission of communications by the aid of wire, cable, or other |
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like connection between the point of origin and the point of |
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reception, including the use of such a connection in a switching |
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station, furnished or operated by a person authorized to engage in |
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providing or operating the facilities for the transmission of |
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communications as a communications common carrier. [The term
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includes the electronic storage of a wire communication.] |
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SECTION 2. Subdivision (5), Section 1, Article 18.21, Code |
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of Criminal Procedure, is amended to read as follows: |
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(5) "Mobile tracking device" means an electronic or |
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mechanical device that permits tracking the movement of a person, |
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vehicle, container, item, or object. [The term does not include a
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device designed, made, adapted, or capable of:
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[(A)
intercepting the content of a
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communication; or
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[(B)
functioning as a pen register, ESN reader,
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trap and trace device, or similar equipment.] |
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SECTION 3. Subsections (a), (b), and (c), Section 4, |
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Article 18.21, Code of Criminal Procedure, are amended to read as |
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follows: |
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(a) An authorized peace officer may require a provider of |
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electronic communications service to disclose the contents of a |
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wire communication or an electronic communication that has been in |
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electronic storage for not longer than 180 days by obtaining a |
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warrant. |
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(b) An authorized peace officer may require a provider of |
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electronic communications service to disclose the contents of a |
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wire communication or an electronic communication that has been in |
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electronic storage for longer than 180 days: |
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(1) if notice is not being given to the subscriber or |
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customer, by obtaining a warrant; |
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(2) if notice is being given to the subscriber or |
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customer, by obtaining: |
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(A) an administrative subpoena authorized by |
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statute; |
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(B) a grand jury subpoena; or |
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(C) a court order issued under Section 5 of this |
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article; or |
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(3) as otherwise permitted by applicable federal law. |
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(c)(1) An authorized peace officer may require a provider of |
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a remote computing service to disclose the contents of a wire |
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communication or an electronic communication as described in |
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Subdivision (2) of this subsection: |
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(A) if notice is not being given to the |
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subscriber or customer, by obtaining a warrant issued under this |
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code; |
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(B) if notice is being given to the subscriber or |
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customer, by: |
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(i) an administrative subpoena authorized |
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by statute; |
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(ii) a grand jury subpoena; or |
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(iii) a court order issued under Section 5 |
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of this article; or |
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(C) as otherwise permitted by applicable federal |
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law. |
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(2) Subdivision (1) of this subsection applies only to |
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a wire communication or an electronic communication that is in |
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electronic storage: |
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(A) on behalf of a subscriber or customer of the |
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service and is received by means of electronic transmission from or |
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created by means of computer processing of communications received |
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by means of electronic transmission from the subscriber or |
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customer; and |
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(B) solely for the purpose of providing storage |
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or computer processing services to the subscriber or customer if |
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the provider of the service is not authorized to obtain access to |
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the contents of those communications for purposes of providing any |
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service other than storage or computer processing. |
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SECTION 4. Subsections (a) and (b), Section 7, Article |
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18.21, Code of Criminal Procedure, are amended to read as follows: |
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(a) An authorized peace officer seeking a court order to |
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obtain information under Section 4 [4(c)] of this article may |
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include a request for an order delaying the notification required |
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under Section 4 [4(c)] of this article for a period not to exceed 90 |
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days. The court shall grant the request if the court determines |
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that there is reason to believe that notification of the existence |
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of the court order may have an adverse result, as described in |
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Subsection (c) of this section. |
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(b) An authorized peace officer who has obtained a subpoena |
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authorized by statute or a grand jury subpoena to seek information |
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under Section 4 [4(c)] of this article may delay the notification |
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required under that section for a period not to exceed 90 days on |
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the execution of a written certification of a supervisory official |
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that there is reason to believe that notification of the existence |
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of the subpoena may have an adverse result as described in |
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Subsection (c) of this section. The peace officer shall maintain a |
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true copy of the certification. |
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SECTION 5. Subsection (a), Section 14, Article 18.21, Code |
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of Criminal Procedure, is amended to read as follows: |
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(a) A district judge may issue an order for the installation |
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and use [within the judge's judicial district] of a mobile tracking |
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device in the same judicial district as the site of: |
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(1) the investigation; or |
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(2) the person, vehicle, container, item, or object |
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the movement of which will be tracked by the mobile tracking device. |
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SECTION 6. (a) The changes in law made by this Act in |
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amending Sections 4 and 7, Article 18.21, Code of Criminal |
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Procedure, apply only to a warrant, subpoena, or court order |
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regarding disclosure of a wire communication or electronic |
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communication obtained or issued on or after the effective date of |
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this Act. A warrant, subpoena, or court order obtained or issued |
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before the effective date of this Act is governed by the law in |
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effect on the date the warrant, subpoena, or court order was |
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obtained or issued, and the former law is continued in effect for |
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that purpose. |
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(b) The changes in law made by this Act in amending Section |
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14, Article 18.21, Code of Criminal Procedure, apply only to a court |
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order issued on or after the effective date of this Act. A court |
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order issued before the effective date of this Act is governed by |
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the law in effect on the date the court order was issued, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2047 passed the Senate on |
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April 24, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2047 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |