| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the interception of or the collection of other |
|
|
information from certain communications in an investigation of |
|
|
criminal conduct. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subdivision (23), Section 1, Article 18.20, Code |
|
|
of Criminal Procedure, is amended to read as follows: |
|
|
(23) "Member of a law enforcement unit specially |
|
|
trained to respond to and deal with life-threatening situations" |
|
|
means a peace officer who, as evidenced by the submission of |
|
|
appropriate documentation to the Commission on Law Enforcement |
|
|
Officer Standards and Education: |
|
|
(A) receives a minimum of 40 hours a year of |
|
|
training in hostage and barricade suspect situations; or |
|
|
(B) is the police chief of a police department in |
|
|
a municipality with a population of 500,000 or more, or the police |
|
|
chief's designee, and has received a minimum of 24 hours of training |
|
|
on kidnapping investigations [as evidenced by the submission of
|
|
|
appropriate documentation to the Commission on Law Enforcement
|
|
|
Officer Standards and Education]. |
|
|
SECTION 2. Section 1, Article 18.21, Code of Criminal |
|
|
Procedure, is amended by adding Subdivision (3-a) to read as |
|
|
follows: |
|
|
(3-a) "Designated police agency" means a police |
|
|
department in a municipality with a population of 500,000 or more. |
|
|
SECTION 3. Section 2, Article 18.21, Code of Criminal |
|
|
Procedure, is amended by amending Subsections (b) and (d) and |
|
|
adding Subsections (i), (j), and (k) to read as follows: |
|
|
(b) A prosecutor may file an application under this section |
|
|
or under federal law on the prosecutor's own motion or on the |
|
|
request of an authorized peace officer, regardless of whether the |
|
|
officer is commissioned by the department. A prosecutor who files |
|
|
an application on the prosecutor's own motion or who files an |
|
|
application for the installation and use of a pen register, ESN |
|
|
reader, or similar equipment on the request of an authorized peace |
|
|
officer not commissioned by the department, other than an |
|
|
authorized peace officer employed by a designated police agency, |
|
|
must make the application personally and may not do so through an |
|
|
assistant or some other person acting on the prosecutor's behalf. A |
|
|
prosecutor may make an application through an assistant or other |
|
|
person acting on the prosecutor's behalf if the prosecutor files an |
|
|
application for the installation and use of: |
|
|
(1) a pen register, ESN reader, or similar equipment |
|
|
on the request of: |
|
|
(A) an authorized peace officer who is |
|
|
commissioned by the department; or |
|
|
(B) an authorized peace officer of a designated |
|
|
police agency; or |
|
|
(2) a trap and trace device or similar equipment on the |
|
|
request of an authorized peace officer, regardless of whether the |
|
|
officer is commissioned by the department. |
|
|
(d) On presentation of the application, the judge may order |
|
|
the installation and use of the pen register, ESN reader, or similar |
|
|
equipment by an authorized peace officer commissioned by the |
|
|
department or an authorized peace officer of a designated police |
|
|
agency, and, on request of the applicant, the judge shall direct in |
|
|
the order that a communication common carrier or a provider of |
|
|
electronic communications service furnish all information, |
|
|
facilities, and technical assistance necessary to facilitate the |
|
|
installation and use of the device or equipment by the department or |
|
|
designated police agency unobtrusively and with a minimum of |
|
|
interference to the services provided by the carrier or service. |
|
|
The carrier or service is entitled to compensation at the |
|
|
prevailing rates for the facilities and assistance provided to the |
|
|
department or a designated police agency. |
|
|
(i) A designated police agency may own and possess a pen |
|
|
register, ESN reader, or similar equipment. |
|
|
(j) A peace officer of a designated police agency is |
|
|
authorized to possess, install, operate, or monitor a pen register, |
|
|
ESN reader, or similar equipment if the officer is certified in |
|
|
writing by the chief of the agency to the director of the Department |
|
|
of Public Safety as being trained in the installation and use of a |
|
|
pen register, ESN reader, or similar equipment. |
|
|
(k) The chief of a designated police agency shall submit to |
|
|
the director of the Department of Public Safety a written list of |
|
|
all officers in the agency who are authorized by the chief to |
|
|
possess, install, monitor, or operate pen registers, ESN readers, |
|
|
or similar equipment. |
|
|
SECTION 4. Subsection (a), Section 3, Article 18.21, Code |
|
|
of Criminal Procedure, is amended to read as follows: |
|
|
(a) A peace officer authorized to possess, install, |
|
|
operate, or monitor a device under Section 8A, Article 18.20, or |
|
|
Section 2(j) may install and use a pen register or trap and trace |
|
|
device if the officer: |
|
|
(1) reasonably believes an immediate life-threatening |
|
|
situation exists that: |
|
|
(A) is within the territorial jurisdiction of the |
|
|
officer or another officer the officer is assisting; and |
|
|
(B) requires the installation of a pen register |
|
|
or trap and trace device before an order authorizing the |
|
|
installation and use can, with due diligence, be obtained under |
|
|
this article; and |
|
|
(2) reasonably believes there are sufficient grounds |
|
|
under this article on which to obtain an order authorizing the |
|
|
installation and use of a pen register or trap and trace device. |
|
|
SECTION 5. Section 15, Article 18.21, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Sec. 15. SUBPOENA AUTHORITY. The director of the |
|
|
department, [or] the director's designee, or a designated police |
|
|
agency may issue an administrative subpoena to a communications |
|
|
common carrier or an electronic communications service to compel |
|
|
the production of the carrier's or service's business records that: |
|
|
(1) disclose information about: |
|
|
(A) the carrier's or service's customers; or |
|
|
(B) users of the services offered by the carrier |
|
|
or service; and |
|
|
(2) are material to a criminal investigation. |
|
|
SECTION 6. The changes in law made by this Act in amending |
|
|
Subsections (b) and (d), Section 2, Article 18.21, Code of Criminal |
|
|
Procedure, apply only to an application for the installation and |
|
|
use of a pen register, ESN reader, or similar equipment filed on or |
|
|
after the effective date of this Act. An application for the |
|
|
installation and use of a pen register, ESN reader, or similar |
|
|
equipment filed before the effective date of this Act is governed by |
|
|
the law in effect on the date the application is filed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 7. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |