79R8035 RMB-F

By:  Seliger                                                      S.B. No. 1461



A BILL TO BE ENTITLED

AN ACT

relating to the offenses for which the use of wire, oral, or 
electronic interception devices may be authorized.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 4, Article 18.20, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 4.  A judge of competent jurisdiction may issue an order 
authorizing interception of wire, oral, or electronic 
communications only if the prosecutor applying for the order shows 
probable cause to believe that the interception will provide 
evidence of the commission of:
		(1)  a felony under Section 19.02, 19.03, [19.03(a)(3)] 
or [Section] 43.26, Penal Code;
		(2)  a felony under:                                                          
			(A)  Chapter 481, Health and Safety Code, other 
than felony possession of marihuana;
			(B)  Section 485.033, Health and Safety Code; or                             
			(C)  Chapter 483, Health and Safety Code; or                                 
		(3)  an attempt, conspiracy, or solicitation to commit 
an offense listed in this section.
	SECTION 2.  The change in law made by this Act applies only 
to an application for an interception order filed on or after the 
effective date of this Act.  An application for an interception 
order filed before the effective date of this Act is covered by the 
law in effect when the application was filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.