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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offenses for which and the circumstances |
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under which certain communication devices may be detected and |
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communications may be intercepted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Article 18.20, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED. |
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A judge of competent jurisdiction may issue an order authorizing |
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interception of wire, oral, or electronic communications only if |
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the prosecutor applying for the order shows probable cause to |
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believe that the interception will provide evidence of the |
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commission of: |
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(1) a felony under Section 19.02, 19.03, or 43.26, |
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Penal Code; |
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(2) a felony under: |
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(A) Chapter 481, Health and Safety Code, other |
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than felony possession of marihuana; |
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(B) Section 485.032, Health and Safety Code; or |
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(C) Chapter 483, Health and Safety Code; |
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(3) an offense under Section 20.03 or 20.04, Penal |
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Code; |
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(4) an offense under Chapter 20A, Penal Code; |
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(5) an offense under Chapter 34, Penal Code, if the |
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criminal activity giving rise to the proceeds involves the |
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commission of an offense under Title 5, Penal Code, or an offense |
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under federal law or the laws of another state containing elements |
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that are substantially similar to the elements of an offense under |
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Title 5; |
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(6) an offense under Section 38.09 or 38.11, Penal |
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Code; [or] |
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(7) a felony under Section 38.06 or 38.07, Penal Code, |
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if the escape relates to a person serving a sentence in a |
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correctional facility following conviction of a felony; or |
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(8) an attempt, conspiracy, or solicitation to commit |
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an offense listed in this section. |
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SECTION 2. The heading to Section 8B, Article 18.20, Code of |
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Criminal Procedure, is amended to read as follows: |
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Sec. 8B. DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS |
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COMMUNICATIONS DEVICE IN OR NEAR CORRECTIONAL OR DETENTION |
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FACILITY. |
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SECTION 3. Sections 8B(b), (d), and (e), Article 18.20, |
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Code of Criminal Procedure, are amended to read as follows: |
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(b) Notwithstanding any other provision of this article or |
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Article 18.21, the office of the inspector general of the Texas |
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Department of Criminal Justice may: |
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(1) without a warrant, use electronic, mechanical, or |
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other devices to detect the presence or use of a cellular telephone |
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or other wireless communications device in: |
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(A) a correctional facility; or |
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(B) the immediate vicinity of a correctional |
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facility during the commission or attempted commission of an |
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offense under Section 38.06 or 38.07, Penal Code; |
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(2) without a warrant, intercept, monitor, detect, or, |
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as authorized by applicable federal laws and regulations, prevent |
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the transmission of any communication transmitted through the use |
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of a cellular telephone or other wireless communications device in |
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a location described by Subdivision (1) [correctional facility]; |
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and |
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(3) use, to the extent authorized by law, any |
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information obtained under Subdivision (2), including the contents |
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of an intercepted communication, in any criminal or civil |
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proceeding before a court or other governmental agency or entity. |
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(d) When using an electronic, mechanical, or other device |
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under Subsection (b), the office of the inspector general shall |
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minimize the impact of the device on any communication that is not |
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reasonably related to the detection of the presence or use of a |
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cellular telephone or other wireless communications device in a |
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location described by Subsection (b)(1) [correctional facility]. |
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(e) A person confined in a correctional facility does not |
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have an expectation of privacy with respect to the possession or use |
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of a cellular telephone or other wireless communications device |
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located on the premises or in the immediate vicinity of the |
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facility. The person who is confined, and any person with whom that |
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person communicates through the use of a cellular telephone or |
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other wireless communications device, does not have an expectation |
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of privacy with respect to the contents of any communication |
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transmitted by the cellular telephone or wireless communications |
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device. |
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SECTION 4. This Act takes effect September 1, 2011. |