1-1 By: Nixon S.B. No. 322
1-2 (In the Senate - Filed January 25, 1995; January 26, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 15, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 15, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to extensions of orders for pen registers or trap and
1-9 trace devices.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (f), Section 2, Article 18.21, Code of
1-12 Criminal Procedure, is amended to read as follows:
1-13 (f) An order for the installation and utilization of a pen
1-14 register or trap and trace device is valid for not more than 30
1-15 days after the date the device is installed or after 10 days after
1-16 the date the order is entered, whichever occurs first, unless prior
1-17 to the expiration of the order the attorney for the state applies
1-18 for and obtains from the court an extension of the order. The
1-19 period of extension may not exceed 30 days for each extension
1-20 granted, except that, with the consent of the subscriber or
1-21 customer of the service on which the pen register or trap and trace
1-22 device is utilized, the court may extend an order for a period not
1-23 to exceed one year.
1-24 SECTION 2. The importance of this legislation and the
1-25 crowded condition of the calendars in both houses create an
1-26 emergency and an imperative public necessity that the
1-27 constitutional rule requiring bills to be read on three several
1-28 days in each house be suspended, and this rule is hereby suspended,
1-29 and that this Act take effect and be in force from and after its
1-30 passage, and it is so enacted.
1-31 * * * * *