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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the disclosure of certain records and other |
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information in a criminal investigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4(d), Article 18.21, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) An authorized peace officer may require a provider of |
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electronic communications service or remote computing service to |
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disclose records or other information pertaining to a subscriber or |
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customer of the service, other than the contents of a communication |
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as [communications] described in Subsection (a), (b), or (c) [of
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this section], without giving the subscriber or customer notice: |
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(1) by obtaining an administrative subpoena |
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authorized by statute; |
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(2) by obtaining a grand jury subpoena; |
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(3) by obtaining a warrant; |
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(4) by obtaining the consent of the subscriber or |
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customer to the disclosure of the records or information; |
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(5) by obtaining a court order under Section 5 [of this
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article]; or |
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(6) as otherwise permitted by applicable federal law. |
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SECTION 2. Section 15, Article 18.21, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsections (d) and (e) to read as follows: |
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(a) The director of the department, the director's |
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designee, or the sheriff or chief of a designated law enforcement |
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agency, or the sheriff's or chief's designee, may issue an |
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administrative subpoena to a communication [communications] common |
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carrier or to a provider of [an] electronic communications service |
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or remote computing service to compel the production of the |
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carrier's or provider's [service's] business records that: |
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(1) disclose information about: |
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(A) the carrier's or provider's subscribers or |
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[service's] customers; or |
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(B) users of the services offered by the carrier |
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or provider [service]; and |
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(2) are material to a criminal investigation. |
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(d) The department may refer to the attorney general for |
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enforcement in state district court any failure to comply with a |
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subpoena issued by the department under this section. In an action |
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to enforce the subpoena, the attorney general may recover |
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administrative costs incurred by the department in relation to the |
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department's issuance of the subpoena and to the department's |
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referral of the failure to comply and shall deposit the money to the |
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credit of the state highway fund. The attorney general may recover |
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fees and costs, including attorney's fees, related to the attorney |
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general's enforcement of the subpoena under this section. |
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(e) In this section, "business records" includes: |
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(1) the name and address of the subscriber or |
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customer; |
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(2) if applicable, the local and long-distance |
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connection records of a telephonic communications service provider |
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and the provider's records of the connection times and durations; |
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(3) the length of the service provided, including the |
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date the service began and any date the service ended, and the type |
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of service provided; |
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(4) the telephone or instrument number of the |
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subscriber or customer and any other identifying information issued |
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for the subscriber or customer, including any temporarily assigned |
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network address; and |
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(5) the means and source of payment for the service, |
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including any credit card or bank account number. |
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SECTION 3. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0203 to read as follows: |
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Sec. 411.0203. ADMINISTRATIVE SUBPOENA. (a) In this |
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section, "immediate life-threatening situation" has the meaning |
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assigned by Section 1, Article 18.20, Code of Criminal Procedure. |
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(b) If a division chief of the department determines that an |
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immediate life-threatening situation exists during the |
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investigation of an offense under Section 19.02, 19.03, 20.03, |
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20.04, or 22.07 or Chapter 20A, Penal Code, or an attempt, |
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conspiracy, or solicitation to commit one of those offenses, the |
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director may issue and cause to be served an administrative |
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subpoena requiring the production of records relevant to that |
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investigation. |
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(c) A subpoena under this section must describe the records |
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required to be produced and must prescribe a reasonable period |
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within which the records are to be compiled and made available to |
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the department. The subpoena may require the records to be produced |
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as soon as practicable, but may not require the records to be |
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produced earlier than 24 hours after the subpoena is served. |
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(d) The department may refer to the attorney general for |
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enforcement in state district court any failure to comply with a |
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subpoena issued by the department under this section. In an action |
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to enforce the subpoena, the attorney general may recover |
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administrative costs incurred by the department in relation to the |
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department's issuance of the subpoena and to the department's |
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referral of the failure to comply and shall deposit the money to the |
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credit of the state highway fund. The attorney general may recover |
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fees and costs, including attorney's fees, related to the attorney |
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general's enforcement of the subpoena under this section. |
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(e) An administrative subpoena issued under this section is |
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confidential. The recipient may not: |
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(1) disclose that a subpoena has been issued; |
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(2) identify or describe any records requested in the |
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subpoena; or |
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(3) disclose whether any records have been provided in |
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response to the subpoena. |
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SECTION 4. This Act takes effect September 1, 2009. |