H.B. 2474 78(R)    BILL ANALYSIS


H.B. 2474
By: Callegari
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

House Bill 2474 amends Section 16.02 of the Penal Code and Articles 18.20
and 18.21 of the Code of Criminal Procedure as they relate to electronic
surveillance.  The bill seeks to update state law to match changes in
federal law and provide general cleanup of the statute. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 2474 adds definitions for "computer trespasser" and "protected
computer."  The bill also changes the definitions for "ESN reader," "trap
and trace device" and "mobile tracking device," and more precisely defines
"immediate life-threatening situation," the predicate for issuance of an
emergency order.  It also clarifies the term "judge" to mean a "judge of
competent jurisdiction." H.B. 2474 authorizes the disclosure of the
contents of a communication or evidence obtained from an intercept to a
federal law enforcement officer or law enforcement officer from another
state, when appropriate to the proper performance of their official
duties.  The bill also specifies which judges are authorized to approve an
emergency intercept and details the prescribed use and implementation
procedures for an emergency interception.   

H.B. 2474 allows applicants for an intercept to request a hearing to
determine the reasonableness of expenses claimed by a provider who has
furnished technical assistance to implement an intercept. There is also a
provision to allow an intercept order to include an order for a pen
register, ESN reader, trap and trace device, mobile tracking device or
authorization to disclose stored communications, which are related orders
based on lesser evidence than an intercept order.  The bill protects
communication common carriers and electronic communication service
providers from actions against them when these providers are providing
information, facilities, or assistance required of them by legislative
authority, court order, warrant, subpoena or certification under Article
18.20, Code of Criminal Procedure.  H.B. 2474 redefines 'pen register' and
'trap and trace device' to match changes in federal law due to changes in
technology to more accurately describe the function of equipment as they
function in a digital telephony world.  The bill amends existing statute
to clarify that a state judge may issue an order under federal law for a
pen register and to more precisely define the legal threshold for
obtaining a pen register, ESN reader or trap and trace device. 

EFFECTIVE DATE

September 1, 2003.