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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements of an affidavit supporting the |
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installation and use of a mobile tracking device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18B.202(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The affidavit must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the vehicle, container, or item to which, |
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in which, or on which the mobile tracking device is to be attached, |
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placed, or otherwise installed; |
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(3) state the name of the owner or possessor of the |
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vehicle, container, or item identified under Subdivision (2); |
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(4) state the judicial jurisdictional area in which |
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the vehicle, container, or item identified under Subdivision (2) is |
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expected to be found; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe [a reasonable suspicion] |
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that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) the installation and use of a mobile tracking |
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device is likely to produce information that is material to an |
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ongoing criminal investigation of that criminal activity. |
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SECTION 2. This Act takes effect September 1, 2021. |