82R6949 PEP-D

By: Madden H.B. No. 2354

A BILL TO BE ENTITLED

AN ACT

relating to the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment in a correctional facility operated by or under contract with the Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 18.21, Code of Criminal Procedure, is amended by adding Section 3A to read as follows:

Sec. 3A. INSTALLATION AND USE OF PEN REGISTER, ESN READER, TRAP AND TRACE DEVICE, OR SIMILAR EQUIPMENT IN CORRECTIONAL FACILITY. (a) In this section, "correctional facility" means a confinement facility operated by or under contract with the Texas Department of Criminal Justice.

(b) Notwithstanding any other provision of this article, the office of the inspector general of the Texas Department of Criminal Justice may:

(1) possess, install, operate, or monitor a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device to produce information that is:

(A) necessary to prevent the commission of an offense under Section 38.06 or 38.07, Penal Code; or

(B) material to an ongoing investigation concerning an offense under Section 38.09 or 38.11, Penal Code; and

(2) use, to the extent authorized by law, any information obtained under Subdivision (1) in any criminal or civil proceeding before a court or other governmental agency or entity.

(c) Not later than the 30th day after the date on which the office of the inspector general uses a pen register, ESN reader, trap and trace device, or similar equipment under Subsection (b), the inspector general shall report the use to:

(1) a prosecutor with jurisdiction in the county in which the device or equipment was used; or

(2) the special prosecution unit established under Subchapter E, Chapter 41, Government Code, if that unit has jurisdiction in the county in which the device or equipment was used.

(d) When using a pen register, ESN reader, trap and trace device, or similar equipment under Subsection (b), the office of the inspector general shall minimize the impact of the device or equipment on any communication that is not reasonably related to the purposes for which the device or equipment is used.

SECTION 2. Section 500.008, Government Code, is amended to read as follows:

Sec. 500.008. DETECTION AND MONITORING OF CELLULAR TELEPHONES. (a) The department may own and the office of inspector general may possess, install, operate, or monitor:

(1) an electronic, mechanical, or other device, as defined by Article 18.20, Code of Criminal Procedure; and

(2) a pen register, ESN reader, trap and trace device, as defined by Article 18.21, Code of Criminal Procedure, or similar equipment that combines the function of a pen register and a trap and trace device.

(b) The inspector general shall designate in writing the commissioned officers of the office of inspector general who are authorized to possess, install, operate, and monitor [electronic, mechanical, or other] devices or equipment described by Subsection (a) for the department.

(c) An investigative or law enforcement officer or other person, on request of the office of inspector general, may assist the office in the operation and monitoring of a device or equipment described by Subsection (a) or an interception of wire, oral, or electronic communications if the investigative or law enforcement officer or other person:

(1) is designated by the executive director for that purpose; and

(2) acts in the presence and under the direction of a commissioned officer of the inspector general.

SECTION 3. This Act takes effect September 1, 2011.