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A BILL TO BE ENTITLED
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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. Section 1(23), Article 18.20, Code of Criminal |
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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) is the police chief of a police department in |
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a municipality with a population of 500,000 or more, or the police |
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chief's designee, and has received a minimum of 24 hours of training |
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on kidnapping investigations [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 police agency" means a police |
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department in a municipality with a 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), (j), and (k) 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 police agency, |
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must make the application personally and may not do so through an |
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assistant or some other person acting on the prosecutor's behalf. A |
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prosecutor may make an application through an assistant or other |
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person acting on the prosecutor's behalf if the prosecutor files an |
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application for the installation and use 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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police 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 police |
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agency, and, on request of the applicant, the judge shall direct in |
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the order that a communication common carrier or a provider of |
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electronic communications service furnish all information, |
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facilities, and technical assistance necessary to facilitate the |
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installation and use of the device or equipment by the department or |
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designated police agency unobtrusively and with a minimum of |
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interference to the services provided by the carrier or service. |
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The carrier or service is entitled to compensation at the |
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prevailing rates for the facilities and assistance provided to the |
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department or a designated policy agency. |
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(i) A designated police agency may own and possess a pen |
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register, ESN reader, or similar equipment. |
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(j) A peace officer of a designated police agency is |
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authorized to possess, install, operate, or monitor a pen register, |
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ESN reader, or similar equipment if the officer is certified in |
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writing by the chief of the agency to the director of the Department |
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of Public Safety as being trained in the installation and use of a |
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pen register, ESN reader, or similar equipment. |
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(k) The chief of a designated police agency shall submit to |
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the director of the Department of Public Safety a written list of |
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all officers in the agency who are authorized by the chief to |
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possess, install, monitor, or operate pen registers, ESN readers, |
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or similar equipment. |
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SECTION 4. Section 3(a), Article 18.21, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A peace officer authorized to possess, install, |
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operate, or monitor a device under Section 8A, Article 18.20 or |
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Section 2(j), may install and use a pen register or trap and trace |
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device if the officer: |
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(1) reasonably believes an immediate life-threatening |
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situation exists that: |
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(A) is within the territorial jurisdiction of the |
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officer or another officer the officer is assisting; and |
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(B) requires the installation of a pen register |
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or trap and trace device before an order authorizing the |
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installation and use can, with due diligence, be obtained under |
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this article; and |
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(2) reasonably believes there are sufficient grounds |
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under this article on which to obtain an order authorizing the |
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installation and use of a pen register or trap and trace device. |
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SECTION 5. 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. The director of the department, [or] the |
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director's designee, or a designated police agency may issue an |
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administrative subpoena to a communications common carrier or an |
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electronic communications service to compel the production of the |
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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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SECTION 6. The changes in law made by this Act in amending |
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Sections 2(b) and (d), Article 18.21, Code of Criminal Procedure, |
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apply only to an application for the installation and use of a pen |
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register, ESN reader, or similar equipment filed on or after the |
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effective date of this Act. An application for the installation and |
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use of a pen register, ESN reader, or similar equipment filed before |
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the effective date of this Act is governed by the law in effect on |
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the date the application is filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 7. 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. |