BILL ANALYSIS


                                                         S.B. 322
                                                        By: Nixon
                                                 Criminal Justice
                                                          3-15-95
                                     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.