SRC-MKV S.B. 918 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 918
77R4308 JMG-FBy: Shapiro
Criminal Justice
3/14/2001
As Filed


DIGEST AND PURPOSE 

Currently, the attorney general's office is not permitted to issue an
administrative subpoena to communications common carriers or electronic
communications services.  This results in the attorney general's office
being unable to gather information on the carrier's or service's business
records that disclose information about their customers or users to be used
in a criminal investigation.  As proposed, S.B. 918 grants the attorney
general's office or his designee the authority to issue an administrative
subpoena to communications common carriers or electronic communications
services.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15, Article 18.21, Code of Criminal Procedure,
to add language authorizing the attorney general or a designee of the
attorney general to issue an administrative subpoena to a communications
common carrier or an electronic communications service to compel the
production of the carrier's or service's business records that disclose
certain information or are material to a criminal investigation. 

SECTION 2.  Effective date: upon passage or September 1, 2001.