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House Bill 3228 |
House Author: Madden |
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Effective: 9-1-09 |
Senate Sponsor: Whitmire |
House Bill 3228 amends the Penal Code to expand the definition of "correctional facilities" for purposes of the offense that prohibits certain substances and items in correctional facilities to include a municipal or county jail, a confinement facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ), and a secure correctional facility or secure detention facility. The bill makes it a third-degree felony offense if a person commits the offense of criminal attempt to commit an offense of taking a controlled substance or dangerous drug onto property owned, used, or controlled by a correctional facility. The bill makes it a third-degree felony offense for a person who, with the intent to provide to or make a cellular telephone or other wireless communications device or a component of such device available for use by a person in the custody of a correctional facility, acquires such device or component to be delivered to the person in custody, provides such device or component to another person for delivery to the person in custody, or makes a payment to a communication common carrier or communication service provider.
House Bill 3228 amends the Code of Criminal Procedure to include an offense that prohibits substances and items in correctional facilities among the offenses for which interception of communications may be authorized by a judge under state law. The bill authorizes the office of inspector general of TDCJ, without a warrant, to use electronic, mechanical, or other devices to detect a cellular telephone or other wireless communications device in correctional facilities and to intercept, monitor, detect, or prevent the transmission of any communication transmitted through the wireless device. It further authorizes the office to use information obtained in such manner in a criminal or civil proceeding. The inspector general is required to report the office's use of a detection device to a prosecutor with jurisdiction in the county in which the device was used or special prosecution unit, and the office is required to minimize the impact of the device on any communication unrelated to a use prohibited by the bill.
House Bill 3228 amends the Government Code and the Human Resources Code to authorize TDCJ and the Texas Youth Commission (TYC) to own, and the offices of inspector general of TDCJ and TYC to possess, install, operate, or monitor an electronic, mechanical, or other device used for the nonconsensual interception of wire, oral, or electronic communications. It requires the inspector general of each entity to designate in writing the commissioned officers authorized to possess, install, operate, and monitor such devices and authorizes an investigative or law enforcement officer or other person, on request, to assist the office in the operation and monitoring of an interception of communications if the person meets certain criteria.