BILL ANALYSIS

H.B. 3197

By: Frazier

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law does not specifically provide for law enforcement to access certain cell phone data, including phone number information, under a search warrant, which can be an obstacle in the investigative process. Access to this type of information could aid law enforcement in gaining further information and strengthening the investigative process in order to better handle serious criminal cases. H.B. 3197 seeks to address this issue by including information relating to phone numbers among the electronic customer data that may be accessed under a warrant.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3197 amends the Code of Criminal Procedure to specify that "electronic customer data" for purposes of statutory provisions relating to the installation and use of tracking equipment and access to certain communications includes data or records that are in the possession, care, custody, or control of an electronic communications service or remote computing service provider and contain the telephone number assigned to a customer's device and any recipients' telephone numbers for communications originated by that device.

EFFECTIVE DATE

September 1, 2023.