82R6950 PEP-D

By: White H.B. No. 3759

A BILL TO BE ENTITLED

AN ACT

relating to the criminal offenses for which and the circumstances under which certain communication devices may be detected and communications may be intercepted.

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

SECTION 1. Section 4, Article 18.20, Code of Criminal Procedure, is amended to read as follows:

Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED. A judge of competent jurisdiction may issue an order authorizing interception of wire, oral, or electronic communications only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of:

(1) a felony under Section 19.02, 19.03, or 43.26, Penal Code;

(2) a felony under:

(A) Chapter 481, Health and Safety Code, other than felony possession of marihuana;

(B) Section 485.032, Health and Safety Code; or

(C) Chapter 483, Health and Safety Code;

(3) an offense under Section 20.03 or 20.04, Penal Code;

(4) an offense under Chapter 20A, Penal Code;

(5) an offense under Chapter 34, Penal Code, if the criminal activity giving rise to the proceeds involves the commission of an offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense under Title 5;

(6) an offense under Section 38.09 or 38.11, Penal Code; [or]

(7) a felony under Section 38.06 or 38.07, Penal Code, if the escape relates to a person serving a sentence in a correctional facility following conviction of a felony; or

(8) an attempt, conspiracy, or solicitation to commit an offense listed in this section.

SECTION 2. The heading to Section 8B, Article 18.20, Code of Criminal Procedure, is amended to read as follows:

Sec. 8B. DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE IN OR NEAR CORRECTIONAL OR DETENTION FACILITY.

SECTION 3. Sections 8B(b), (d), and (e), Article 18.20, Code of Criminal Procedure, are amended to read as follows:

(b) Notwithstanding any other provision of this article or Article 18.21, the office of the inspector general of the Texas Department of Criminal Justice may:

(1) without a warrant, use electronic, mechanical, or other devices to detect the presence or use of a cellular telephone or other wireless communications device in:

(A) a correctional facility; or

(B) the immediate vicinity of a correctional facility during the commission or attempted commission of an offense under Section 38.06 or 38.07, Penal Code;

(2) without a warrant, intercept, monitor, detect, or, as authorized by applicable federal laws and regulations, prevent the transmission of any communication transmitted through the use of a cellular telephone or other wireless communications device in a location described by Subdivision (1) [correctional facility]; and

(3) use, to the extent authorized by law, any information obtained under Subdivision (2), including the contents of an intercepted communication, in any criminal or civil proceeding before a court or other governmental agency or entity.

(d) When using an electronic, mechanical, or other device under Subsection (b), the office of the inspector general shall minimize the impact of the device on any communication that is not reasonably related to the detection of the presence or use of a cellular telephone or other wireless communications device in a location described by Subsection (b)(1) [correctional facility].

(e) A person confined in a correctional facility does not have an expectation of privacy with respect to the possession or use of a cellular telephone or other wireless communications device located on the premises or in the immediate vicinity of the facility. The person who is confined, and any person with whom that person communicates through the use of a cellular telephone or other wireless communications device, does not have an expectation of privacy with respect to the contents of any communication transmitted by the cellular telephone or wireless communications device.

SECTION 4. This Act takes effect September 1, 2011.