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AN ACT
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relating to the interception of or the collection of other |
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information from certain communications in an investigation of |
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criminal conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (23), Section 1, Article 18.20, Code |
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of Criminal Procedure, is amended to read as follows: |
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(23) "Member of a law enforcement unit specially |
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trained to respond to and deal with life-threatening situations" |
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means a peace officer who, as evidenced by the submission of |
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appropriate documentation to the Commission on Law Enforcement |
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Officer Standards and Education: |
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(A) receives a minimum of 40 hours a year of |
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training in hostage and barricade suspect situations; or |
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(B) has received a minimum of 24 hours of |
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training on kidnapping investigations and is: |
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(i) the sheriff of a county with a |
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population of 3.3 million or more or the sheriff's designee; or |
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(ii) the police chief of a police |
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department in a municipality with a population of 500,000 or more or |
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the police chief's designee [as evidenced by the submission of
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appropriate documentation to the Commission on Law Enforcement
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Officer Standards and Education]. |
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SECTION 2. Section 1, Article 18.21, Code of Criminal |
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Procedure, is amended by adding Subdivision (3-a) to read as |
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follows: |
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(3-a) "Designated law enforcement agency" means: |
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(A) the sheriff's department of a county with a |
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population of 3.3 million or more; or |
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(B) a police department in a municipality with a |
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population of 500,000 or more. |
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SECTION 3. Section 2, Article 18.21, Code of Criminal |
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Procedure, is amended by amending Subsections (b) and (d) and |
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adding Subsections (i) through (m) to read as follows: |
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(b) A prosecutor may file an application under this section |
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or under federal law on the prosecutor's own motion or on the |
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request of an authorized peace officer, regardless of whether the |
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officer is commissioned by the department. A prosecutor who files |
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an application on the prosecutor's own motion or who files an |
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application for the installation and use of a pen register, ESN |
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reader, or similar equipment on the request of an authorized peace |
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officer not commissioned by the department, other than an |
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authorized peace officer employed by a designated law enforcement |
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agency, must make the application personally and may not do so |
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through an assistant or some other person acting on the |
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prosecutor's behalf. A prosecutor may make an application through |
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an assistant or other person acting on the prosecutor's behalf if |
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the prosecutor files an application for the installation and use |
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of: |
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(1) a pen register, ESN reader, or similar equipment |
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on the request of: |
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(A) an authorized peace officer who is |
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commissioned by the department; or |
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(B) an authorized peace officer of a designated |
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law enforcement agency; or |
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(2) a trap and trace device or similar equipment on the |
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request of an authorized peace officer, regardless of whether the |
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officer is commissioned by the department. |
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(d) On presentation of the application, the judge may order |
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the installation and use of the pen register, ESN reader, or similar |
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equipment by an authorized peace officer commissioned by the |
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department or an authorized peace officer of a designated law |
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enforcement agency, and, on request of the applicant, the judge |
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shall direct in the order that a communication common carrier or a |
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provider of electronic communications service furnish all |
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information, facilities, and technical assistance necessary to |
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facilitate the installation and use of the device or equipment by |
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the department or designated law enforcement agency unobtrusively |
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and with a minimum of interference to the services provided by the |
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carrier or service. The carrier or service is entitled to |
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compensation at the prevailing rates for the facilities and |
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assistance provided to the department or a designated law |
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enforcement agency. |
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(i) A peace officer of a designated law enforcement agency |
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is authorized to possess, install, operate, or monitor a pen |
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register, ESN reader, or similar equipment if the officer's name is |
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on the list submitted to the director of the department under |
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Subsection (k). |
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(j) Each designated law enforcement agency shall: |
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(1) adopt a written policy governing the application |
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of this article to the agency; and |
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(2) submit the policy to the director of the |
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department, or the director's designee, for approval. |
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(k) If the director of the department or the director's |
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designee approves the policy submitted under Subsection (j), the |
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sheriff or chief of a designated law enforcement agency, as |
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applicable, or the sheriff's or chief's designee, shall submit to |
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the director a written list of all officers in the agency who are |
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authorized to possess, install, monitor, or operate pen registers, |
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ESN readers, or similar equipment. |
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(l) The department may conduct an audit of a designated law |
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enforcement agency to ensure compliance with this article. If the |
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department determines from the audit that the designated law |
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enforcement agency is not in compliance with the policy adopted by |
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the agency under Subsection (j), the department shall notify the |
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agency in writing that it is not in compliance. If the department |
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determines that the agency still is not in compliance with the |
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policy 90 days after the date the agency receives written notice |
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under this subsection, the agency loses the authority granted by |
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this article until: |
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(1) the agency adopts a new written policy governing |
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the application of this article to the agency; and |
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(2) the department approves the written policy. |
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(m) The sheriff or chief of a designated law enforcement |
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agency shall submit to the director of the department a written |
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report of expenditures made by the designated law enforcement |
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agency for the purchase and maintenance of a pen register, ESN |
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reader, or similar equipment, authorized pursuant to Subsection |
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(i). The director of the department shall report such expenditures |
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publicly on an annual basis via the department's website, or other |
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comparable means. |
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SECTION 4. Section 15, Article 18.21, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 15. SUBPOENA AUTHORITY. (a) The director of the |
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department, [or] the director's designee, or the sheriff or chief |
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of a designated law enforcement agency, or the sheriff's or chief's |
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designee, may issue an administrative subpoena to a communications |
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common carrier or an electronic communications service to compel |
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the production of the carrier's or service's business records that: |
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(1) disclose information about: |
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(A) the carrier's or service's customers; or |
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(B) users of the services offered by the carrier |
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or service; and |
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(2) are material to a criminal investigation. |
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(b) Not later than the 30th day after the date on which the |
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administrative subpoena is issued under Subsection (a), the sheriff |
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or chief of a designated law enforcement agency shall report the |
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issuance of the subpoena to the department. |
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(c) If, based on reports received under Subsection (b), the |
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department determines that a designated law enforcement agency is |
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not in compliance with the policy adopted by the agency under |
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Section 2(j), the department shall notify the agency in writing |
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that it is not in compliance. If the department determines that the |
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agency still is not in compliance with the policy 90 days after the |
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date the agency receives written notice under this subsection, the |
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agency loses the authority granted by this article until: |
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(1) the agency adopts a new written policy governing |
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the application of this article to the agency; and |
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(2) the department approves the written policy. |
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SECTION 5. The changes in law made by this Act in amending |
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Subsections (b) and (d), Section 2, Article 18.21, Code of Criminal |
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Procedure, apply only to an application for the installation and |
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use of a pen register, ESN reader, or similar equipment filed on or |
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after the effective date of this Act. An application for the |
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installation and use of a pen register, ESN reader, or similar |
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equipment filed before the effective date of this Act is governed by |
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the law in effect on the date the application is filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 823 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 10, 2007, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 823 passed the House, with |
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amendments, on May 7, 2007, by the following vote: Yeas 126, |
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Nays 7, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |