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A BILL TO BE ENTITLED
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AN ACT
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relating to the execution of a search warrant for data or |
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information contained in or on certain devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.07, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If a warrant is issued to search for and seize data or |
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information contained in or on a computer, disk drive, flash drive, |
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cellular telephone, or other electronic, communication, or data |
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storage device, the warrant is considered to have been executed |
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within the time allowed under Subsection (a) if the device was |
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seized before the expiration of the time allowed. Notwithstanding |
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any other law, any data or information contained in or on a device |
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seized may be recovered and analyzed after the expiration of the |
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time allowed under Subsection (a). |
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SECTION 2. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is governed by |
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the law in effect on the date the warrant was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |