Amend CSSB 11 (Senate committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to
Article 7 of the bill:
SECTION 7.__. Section 1(1), Article 18.20, Code of Criminal
Procedure, is amended to read as follows:
(1) "Wire communication" means an aural transfer made
in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or other
like connection between the point of origin and the point of
reception, including the use of such a connection in a switching
station, furnished or operated by a person authorized to engage in
providing or operating the facilities for the transmission of
communications as a communications common carrier. [The term
includes the electronic storage of a wire communication.]
SECTION 7.__. Section 1(5), Article 18.21, Code of Criminal
Procedure, is amended to read as follows:
(5) "Mobile tracking device" means an electronic or
mechanical device that permits tracking the movement of a person,
vehicle, container, item, or object. [The term does not include a
device designed, made, adapted, or capable of:
[(A) intercepting the content of a
communication; or
[(B) functioning as a pen register, ESN reader,
trap and trace device, or similar equipment.]
SECTION 7.__. The change in law made by this article to
Article 18.21, Code of Criminal Procedure, applies only to an
application for an order authorizing the installation and use of a
mobile tracking device that is submitted on or after the effective
date of this article. An application that was submitted before the
effective date of this article is covered by the law in effect on
the date the application was submitted, and the former law is
continued in effect for that purpose.
(2) In SECTION 7.02 (page 9, line 16), strike "The change in
law made by this article applies" and substitute "The change in law
made by this article to Article 18.20, Code of Criminal Procedure,
applies".
(3) Renumber subsequent SECTIONS of the article
accordingly.