BILL ANALYSIS S.B. 322 By: Nixon (Staples) May 17, 1995 Committee Report (Unamended) BACKGROUND Currently, a pen register or trap and trace device may be installed on a phone with or without the consent of the subscriber if an order for installation of the device is issued by a court of competent jurisdiction. In the case of a consensual wiretap, the order for the installation and utilization of the devices is valid for only 30 days after the date the device is installed or 10 days after the order is entered. It is then necessary for the state to apply for and obtain an extension of the order from the court. PURPOSE As proposed, S.B. 322 provides an exception to the limit for the order of installation and utilization of a pen register or trap and trace device by authorizing a court to extend an order for a period not to exceed one year. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(f), Article 18.21, Code of Criminal Procedure, as follows: (f) Provides an exception to the limit for the order of installation and utilization of a pen register or trap and trace device by authorizing a court to extend an order for a period not to exceed one year. SECTION 2. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION SB 322 was considered by the full committee in a formal meeting. SB 322 ws reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 1 nay, 0 pnv, and 2 absent.