By: Carona  S.B. No. 385
         (In the Senate - Filed December 19, 2008; February 17, 2009,
  read first time and referred to Committee on Criminal Justice;
  April 20, 2009, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 20, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the interception of wire, oral, or electronic
  communications.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.20, Code of Criminal Procedure, is
  amended by adding Section 9A to read as follows:
         Sec. 9A.  INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED
  PERSON. (a)  The requirements of Sections 8(a)(2)(B) and 9(b)(2)
  relating to the specification of the facilities from which or the
  place where a communication is to be intercepted do not apply if:
               (1)  in the case of an application for an order
  authorizing the interception of an oral communication:
                     (A)  the application contains a full and complete
  statement as to why the specification is not practical and
  identifies the person committing or believed to be committing the
  offense and whose communications are to be intercepted; and
                     (B)  a judge of competent jurisdiction finds that
  the specification is not practical; and
               (2)  in the case of an application for an order
  authorizing the interception of a wire or electronic communication:
                     (A)  the application identifies the person
  committing or believed to be committing the offense and whose
  communications are to be intercepted;
                     (B)  a judge of competent jurisdiction finds that
  the applicant has made an adequate showing of probable cause to
  believe that the actions of the person identified in the
  application could have the effect of thwarting interception from a
  specified facility; and
                     (C)  the authority to intercept a wire or
  electronic communication under the order is limited to a period in
  which it is reasonable to presume that the person identified in the
  application will be reasonably proximate to the interception
  device.
         (b)  A person implementing an order authorizing the
  interception of an oral communication that, in accordance with this
  section, does not specify the facility from which or the place where
  a communication is to be intercepted may begin interception only
  after the person ascertains the place where the communication is to
  be intercepted.
         (c)  A provider of wire or electronic communications that
  receives an order authorizing the interception of a wire or
  electronic communication that, in accordance with this section,
  does not specify the facility from which or the place where a
  communication is to be intercepted may move the court to modify or
  quash the order on the ground that the provider's assistance with
  respect to the interception cannot be performed in a timely or
  reasonable fashion. On notice to the state, the court shall decide
  the motion expeditiously.
         SECTION 2.  Section 9A, Article 18.20, Code of Criminal
  Procedure, as added by this Act, applies only to an application for
  an order authorizing the interception of a wire, oral, or
  electronic communication that is submitted on or after the
  effective date of this Act. An application that was submitted
  before the effective date of this Act 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.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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