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Senate Bill 823 |
Senate Author: Whitmire |
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Effective: 5-23-07 |
House Sponsor: Riddle |
Senate Bill 823 amends provisions of the Code of Criminal Procedure relating to the interception and use of wire, oral, and electronic communications in a criminal investigation. The bill expands the group of persons who are authorized to respond to and deal with life-threatening situations to include a peace officer who has received a minimum of 24 hours of training on kidnapping investigations and who is the sheriff or sheriff's designee in a county with a population of 3.3 million or more or the police chief or chief's designee in a municipality with a population of 500,000 or more. The bill also provides that the sheriff's department and police department of such a county or municipality is a "designated law enforcement agency."
Senate Bill 823 authorizes certain members of a designated law enforcement agency to possess, install, operate, or monitor a pen register, an ESN (electronic serial number) reader, or similar equipment, and requires the agency to adopt a written policy governing the use of such devices, which is subject to approval by the director of the Department of Public Safety. The bill provides the department with audit and enforcement authority to ensure compliance on the part of a designated law enforcement agency with the law and the agency's written policy, and requires the agency to make certain expenditure reports. Senate Bill 823 authorizes the sheriff or chief of a designated law enforcement agency to issue an administrative subpoena for the disclosure of certain business records of a communications common carrier or electronic communication service, and sets out provisions for the department's oversight and enforcement duties regarding such subpoenas.