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A BILL TO BE ENTITLED
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AN ACT
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relating to the interception of wire, oral, or electronic |
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communications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.20, Code of Criminal Procedure, is |
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amended by adding Section 9A to read as follows: |
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Sec. 9A. INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED |
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PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2) |
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relating to the specification of the facilities from which or the |
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place where a communication is to be intercepted do not apply if: |
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(1) in the case of an application for an order |
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authorizing the interception of an oral communication: |
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(A) the application contains a full and complete |
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statement as to why the specification is not practical and |
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identifies the person committing or believed to be committing the |
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offense and whose communications are to be intercepted; and |
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(B) a judge of competent jurisdiction finds that |
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the specification is not practical; and |
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(2) in the case of an application for an order |
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authorizing the interception of a wire or electronic communication: |
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(A) the application identifies the person |
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committing or believed to be committing the offense and whose |
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communications are to be intercepted; |
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(B) a judge of competent jurisdiction finds that |
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the applicant has made an adequate showing of probable cause to |
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believe that the actions of the person identified in the |
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application could have the effect of thwarting interception from a |
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specified facility; and |
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(C) the authority to intercept a wire or |
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electronic communication under the order is limited to a period in |
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which it is reasonable to presume that the person identified in the |
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application will be reasonably proximate to the interception |
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device. |
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(b) A person implementing an order authorizing the |
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interception of an oral communication that, in accordance with this |
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section, does not specify the facility from which or the place where |
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a communication is to be intercepted may begin interception only |
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after the person ascertains the place where the communication is to |
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be intercepted. |
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(c) A provider of wire or electronic communications that |
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receives an order authorizing the interception of a wire or |
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electronic communication that, in accordance with this section, |
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does not specify the facility from which or the place where a |
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communication is to be intercepted may move the court to modify or |
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quash the order on the ground that the provider's assistance with |
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respect to the interception cannot be performed in a timely or |
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reasonable fashion. On notice to the state, the court shall decide |
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the motion expeditiously. |
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SECTION 2. Section 9A, Article 18.20, Code of Criminal |
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Procedure, as added by this Act, applies only to an application for |
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an order authorizing the interception of a wire, oral, or |
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electronic communication that is submitted on or after the |
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effective date of this Act. An application that was submitted |
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before the effective date of this Act is covered by the law in |
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effect on the date the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend S.B. No. 385 (Senate engrossment) by adding the |
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following appropriately numbered SECTIONS to the bill and |
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renumbering subsequent SECTIONS of the bill accordingly: |
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SECTION ____. Section 15, Article 18.20, Code of Criminal |
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Procedure, is amended by adding Subsection (d) to read as follows: |
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(d) The director of the Department of Public Safety shall |
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make the report described by Subsection (c) of this section |
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available on any publicly accessible Internet website maintained by |
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the department. Before posting the report as required by this |
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subsection, the department shall redact from the report any |
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information including personal information, such as telephone |
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numbers, social security numbers, or other personal identification |
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information that could: |
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(1) jeopardize an ongoing intercept or investigation; |
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or |
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(2) endanger the physical safety of a peace officer |
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who made a request or a prosecutor who filed an application under |
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this article. |
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SECTION ____. Section 15(d), Article 18.20, Code of |
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Criminal Procedure, as added by this Act, applies only to a report |
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submitted by the director of the Department of Public Safety to the |
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applicable officials under Section 15(c), Article 18.20, Code of |
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Criminal Procedure, on or after the effective date of this Act. A |
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report submitted before the effective date of this Act is governed |
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by the law in effect on the date the report is submitted, and that |
law is continued in effect for that purpose. |
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law is continued in effect for that purpose. |
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Vaught |