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AN ACT
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relating to the emergency installation and use of a device to |
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intercept wire, oral, or electronic communications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 8A, Article 18.20, Code |
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of Criminal Procedure, is amended to read as follows: |
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(b) A peace officer designated under Subsection (a) or under |
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Section 5(b) may possess, install, operate, or monitor an |
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electronic, mechanical, or other device to intercept wire, oral, or |
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electronic communications 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 interception of communications |
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before an order authorizing the interception can, with due |
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diligence, be obtained under this section; |
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(2) reasonably believes there are sufficient grounds |
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under this section on which to obtain an order authorizing the |
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interception; and |
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(3) obtains oral or written consent to the |
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interception before beginning the interception from: |
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(A) a judge of competent jurisdiction; |
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(B) a district judge for the county in which the |
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device will be installed or used; or |
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(C) [(B)] a judge or justice of a court of |
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appeals or of a higher court. |
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SECTION 2. The change in law made by this Act to Subsection |
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(b), Section 8A, Article 18.20, Code of Criminal Procedure, applies |
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only to the interception of a wire, oral, or electronic |
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communication in an immediate life-threatening situation that |
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occurs on or after the effective date of this Act. An interception |
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of a wire, oral, or electronic communication in an immediate |
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life-threatening situation that occurred before the effective date |
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of this Act is covered by the law in effect on the date the |
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life-threatening situation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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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. 537 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; |
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May 29, 2009, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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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. 537 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 144, Nays 0, 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 |