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House Bill 2268 |
House Author: Frullo et al. |
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Effective: 6-14-13 |
Senate Sponsor: Carona |
House Bill 2268 amends the Code of Criminal Procedure to authorize a district judge to issue a search warrant for electronic customer data held in electronic storage by a provider of an electronic communications service or a provider of a remote computing service, regardless of whether the data is held at a location in Texas or in another state. The bill sets out requirements regarding application for and issuance of such a warrant, including probable cause that a specific offense has been committed and that the data sought constitutes related evidence and is held in electronic storage by the service provider on which the warrant is served. The bill limits the data that may be seized under the warrant, provides for the sealing of the affidavit for the issuance of the warrant, and establishes a deadline by which a peace officer must execute the warrant. The bill restricts service of such a warrant to a domestic service provider and certain providers under a contract or a terms of service agreement with a Texas resident, requires a service provider to produce all data and information sought in the warrant, authorizes a court to find certain persons in contempt of court for noncompliance with a warrant within the period allowed for compliance, provides for the extension of a compliance period, and establishes the circumstances under which a warrant is considered served. The bill sets out requirements for a service provider in verifying the authenticity of the information produced in compliance with a warrant, establishes provisions regarding a hearing and decision on any motion to quash a warrant, and changes the deadline by which a service provider must create a copy of customer data sought by a subpoena or court order, if required. The bill requires any domestic provider of electronic communications services or remote computing services to the public to comply with a warrant issued in another state seeking information held in electronic storage if the warrant is served on the provider in the same manner as the bill's service of process requirements.