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SECTION 3. Section 2(g),
Article 18.21, Code of Criminal Procedure, is amended to read as follows:
(g) At the request of the
prosecutor or an authorized peace
officer, the [The] district court may [shall] seal
an application and order granted under this
article.
The application and order
may be sealed only for an initial period not to exceed 180 days, except
that for good cause shown the court may grant an additional 180-day period.
The court shall retain a
record of any application made or order granted under this article and
submit the record to the department in accordance with Section 17.
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SECTION 3. Section 2,
Article 18.21, Code of Criminal Procedure, is amended by amending
Subsection (g) and adding Subsection (g-1) to read as follows:
(g) At the request of the
prosecutor or a peace officer, the [The] district court may
[shall] seal the [an] application and order as provided by [granted under] this subsection.
The application and order
may be sealed for an initial period not to exceed 180 days. For good cause
shown, the court may grant one or more
additional one-year periods. With respect to any application that is or becomes
subject to disclosure, on a judicial determination that the disclosure of
identifying information for a person who is a victim, witness, peace
officer, or informant would cause an adverse result as defined by Section
7(c), the court shall redact the identifying information from the
application and from the record of the application retained and submitted
as described by Subsection (g-1). On a showing of clear and convincing
evidence that disclosure of identifying personal information would cause an
adverse result, the court may permanently seal the application [article].
(g-1) The court shall
retain a record of any application made or order granted under this section
and submit the record to the department in accordance with Section 17.
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SECTION 4. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 14A to read as
follows:
Sec. 14A. WARRANT FOR
LOCATION INFORMATION FROM CELLULAR TELEPHONE OR OTHER WIRELESS
COMMUNICATIONS DEVICE. (a) A district judge may issue a warrant for
location information provided by the preinstalled
mobile tracking features of a cellular telephone or other wireless
communications device. A warrant under this section may be issued only in the same judicial district as the
site of:
(1) the investigation; or
(2) the person, vehicle,
container, item, or object the movement of which will be tracked by the
location information obtained from the wireless communications device.
(b) The warrant may
authorize the acquisition of location information obtained from a wireless
communications device that, at the time the location information is
acquired, is located outside the judicial district but within the state if
the applicant for the warrant reasonably believes the device to be located
within the district at the time the warrant is issued.
(c) A district judge may
issue the warrant only on the application of an authorized peace officer. An application must be written and
signed and sworn to or affirmed before the judge. The affidavit must:
(1) state the name,
department, agency, and address of the applicant;
(2) identify the wireless
communications device to be monitored;
(3) state the name of the
owner or possessor of the device to be monitored;
(4) state the judicial
district in which the device is reasonably expected to be located; and
(5) state the facts and
circumstances that provide the applicant with probable cause to believe
that:
(A) criminal activity has
been, is, or will be committed; and
(B) acquisition of
location information from the device is likely to produce evidence in a
criminal investigation of the criminal activity described in Paragraph (A).
(d) A warrant issued
under this section must be executed within the period provided by Article
18.07 by properly serving the warrant on a communication common carrier or
an electronic communications service. A warrant issued under this section
expires not later than the 90th day after the date the warrant is issued,
and location information may not be obtained after the expiration date
without an extension of the warrant. For good cause shown, the judge may
grant an extension for an additional 90-day period.
The court shall retain a
record of any application made or order
granted under this section and submit the record to the department
in accordance with Section 17.
(e) A wireless communications device may be monitored without
a warrant by a private entity or authorized peace officer if:
(1) the device is
reported stolen by the owner; or
(2) there exists an
immediate life-threatening situation.
(f) An authorized peace officer must apply for a
warrant for monitoring a wireless
communications device under Subsection (e)(2) as soon as
practicable. If the district judge finds that an immediate life-threatening situation did not occur and
declines to issue the warrant, any evidence obtained is not admissible in a
criminal action.
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SECTION 4. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 14A to read as
follows:
Sec. 14A. WARRANT FOR
LOCATION INFORMATION FROM CELLULAR TELEPHONE OR OTHER WIRELESS
COMMUNICATIONS DEVICE. (a) A district judge may issue a warrant for
location information provided by the mobile tracking features of a cellular
telephone or other wireless communications device. A warrant under this
section may be issued in the same judicial district as, or in a judicial district that is contiguous to the
same judicial district as, the site of:
(1) the investigation; or
(2) the person, vehicle,
container, item, or object the movement of which will be tracked by the
location information obtained from the wireless communications device.
(b) The warrant may
authorize the acquisition of location information obtained from a wireless
communications device that, at the time the location information is
acquired, is located outside the judicial district but within the state if
the applicant for the warrant reasonably believes the device to be located
within the district at the time the warrant is issued.
(c) A district judge may
issue the warrant only on the application of a peace officer. An
application must be written and signed and sworn to or affirmed before the
judge. The affidavit must:
(1) state the name,
department, agency, and address of the applicant;
(2) identify the wireless
communications device to be monitored;
(3) state the name of the
owner or possessor of the device to be monitored;
(4) state the judicial
district in which the device is reasonably expected to be located; and
(5) state the facts and
circumstances that provide the applicant with probable cause to believe
that:
(A) criminal activity has
been, is, or will be committed; and
(B) acquisition of
location information from the device is likely to produce evidence in a
criminal investigation of the criminal activity described in Paragraph (A).
(d) A warrant issued
under this section must be executed within the period provided by Article
18.07 by properly serving the warrant on a communication common carrier, an
electronic communications service, or a
remote computing service. A warrant issued under this section
expires not later than the 90th day after the date the warrant is issued,
and location information may not be obtained after the expiration date
without an extension of the warrant. For good cause shown, the judge may
grant an extension for an additional 90-day period.
(e) At the request of a peace officer, the district court may seal
the application and warrant as provided by this subsection. The
application and warrant may be sealed for an initial period not to exceed
180 days. For good cause shown, the court may grant one or more additional
one-year periods. With respect to any application that is or becomes
subject to disclosure, on a judicial determination that the disclosure of
identifying information for a person who is a victim, witness, peace
officer, or informant would cause an adverse result as defined by Section
7(c), the court shall redact the identifying information from the
application and from the record of the application retained and submitted
as described by Subsection (f). On a showing of clear and convincing
evidence that disclosure of identifying personal information would cause an
adverse result, the court may permanently seal the application.
(f) The court shall
retain a record of any application made or
warrant issued under this section and submit the record to the
department in accordance with Section 17.
(g) Notwithstanding any other law, location information may be
obtained from a wireless communications device without a warrant by:
(1) a private entity or a
peace officer if the device is reported stolen by the owner; or
(2) a peace officer if:
(A) there exists an
immediate life-threatening situation, as defined by Section 1(22), Article
18.20; or
(B) the officer reasonably believes the device is in the possession
of a fugitive from justice for whom an arrest warrant has been issued for
committing a felony offense.
(h) A peace officer may apply for, and a district court may issue,
an order authorizing the officer to obtain location information from a
wireless communications device on the officer's showing that there are
reasonable grounds to believe that the device is in the possession of a
fugitive from justice for whom an arrest warrant has been issued for
committing a felony offense.
(i) Regardless of whether an order has been issued with respect to
the matter under Subsection (h), a peace officer must apply for a
warrant to obtain location information from a
wireless communications device under Subsection (g)(2) as soon as
practicable. If the district judge finds that the applicable situation under Subsection (g)(2) did not occur
and declines to issue the warrant, any evidence obtained is not admissible
in a criminal action.
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SECTION 5. Section 15(a),
Article 18.21, Code of Criminal Procedure, is amended to read as follows:
(a) The director of the
department or the director's designee, the inspector general of the Texas
Department of Criminal Justice or the inspector general's designee, or the
sheriff or chief of a designated law enforcement agency or the sheriff's or
chief's designee may issue an administrative subpoena to a communication
[communications] common carrier or an electronic communications
service to compel the production of the carrier's or service's business
records that:
(1) disclose information,
excluding any location information, about:
(A) the carrier's or
service's customers; or
(B) users of the services
offered by the carrier or service; and
(2) are material to a
criminal investigation.
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SECTION 5. Section 15(a),
Article 18.21, Code of Criminal Procedure, is amended to read as follows:
(a) The director of the
department or the director's designee, the inspector general of the Texas
Department of Criminal Justice or the inspector general's designee, or the
sheriff or chief of a [designated]
law enforcement agency or the sheriff's or chief's designee may issue an
administrative subpoena to a communication [communications]
common carrier, [or] an electronic communications service, or a remote computing service to
compel the production of the carrier's or service's business records that:
(1) disclose information,
excluding any location information, about:
(A) the carrier's or
service's customers; or
(B) users of the services
offered by the carrier or service; and
(2) are material to a
criminal investigation.
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SECTION 6. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 15A to read as
follows:
Sec. 15A. COMPELLING
PRODUCTION OF BUSINESS RECORDS DISCLOSING LOCATION INFORMATION. On
application by the director of the department or the director's designee,
the inspector general of the Texas Department of Criminal Justice or the
inspector general's designee, or the sheriff or chief of a designated law enforcement agency or the
sheriff's or chief's designee, the district court may issue a warrant
pursuant to Article 18.02 to a communication common carrier or an
electronic communications service to compel the production of the carrier's
or service's business records that disclose location information about the
carrier's or service's customers or users of the services offered by the
carrier or service, if there is probable cause to believe the records
disclosing location information will provide evidence in a criminal
investigation.
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SECTION 6. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 15A to read as
follows:
Sec. 15A. COMPELLING
PRODUCTION OF BUSINESS RECORDS DISCLOSING LOCATION INFORMATION. On
application by the director of the department or the director's designee,
the inspector general of the Texas Department of Criminal Justice or the
inspector general's designee, or the sheriff or chief of a law enforcement
agency or the sheriff's or chief's designee, the district court may issue a
warrant pursuant to Article 18.02 to a communication common carrier, an
electronic communications service, or a
remote computing service to compel the production of the carrier's
or service's business records that disclose location information about the
carrier's or service's customers or users of the services offered by the
carrier or service, if there is probable cause to believe the records
disclosing location information will provide evidence in a criminal
investigation.
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SECTION 7. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 17 to read as
follows:
Sec. 17. ANNUAL REPORT OF
WARRANTS AND ORDERS. (a) Not later than
January 15 of each year, a communication common carrier or electronic
communications service doing business in this state shall report to the
department the following information for the preceding calendar year,
disaggregated by each law enforcement agency in this state making the
applicable requests:
(1) the number of requests made for pen register or trap and trace
information;
(2) the number of requests made for ESN reader information;
(3) the number of requests made for location information;
(4) the number of individuals whose location information was
disclosed; and
(5) the amount that each law enforcement agency was billed by the
communication common carrier or electronic communications service for each
request made under Subdivision (1), (2), or (3).
(b) Not later than the 30th day after the date of expiration of a
warrant or order issued under this article or an order extending the period
of a warrant or order issued under this article, or not later than the 30th day after the date the court denies an
application for a warrant or order under this article, the court shall
submit to the department the following information, as applicable:
(1) the receipt of an
application for a warrant or order under this article;
(2) the type of warrant
or order for which the application was made;
(3) whether any
application for an order of extension was granted, granted as modified by
the court, or denied;
(4) the period of
monitoring authorized by the warrant or order and the number and duration
of any extensions of the warrant or order;
(5) the offense under
investigation, as specified in the application for the warrant or order or
an extension of the warrant or order; and
(6) the law enforcement
agency or prosecutor that submitted an application for the warrant or order
or an extension of the warrant or order.
(c) Not later than January 15 of each year, each prosecutor
that submits an application for a warrant or order or an extension of a
warrant or order under this article shall submit to the department the
following information for the preceding calendar year:
(1) the information
required to be submitted by a court under Subsection (b) with respect to
each application submitted by the prosecutor for the warrant or order or an
extension of the warrant or order;
(2) a general description
of information collected under each warrant or order that was issued by the
court, including the approximate number of individuals for whom location
information was intercepted and the approximate duration of the monitoring
of the location information of those individuals;
(3) the number of arrests
made as a result of information obtained under a warrant or order issued
under this article;
(4) the number of
criminal trials commenced as a result of information obtained under a
warrant or order issued under this article; and
(5) the number of
convictions obtained as a result of information obtained under a warrant or
order issued under this article.
(d) Information submitted
to the department under this section is public information and subject to
disclosure under Chapter 552, Government Code.
(e) Not later than March 1 of each year, the public safety
director of the department shall submit a report to the governor, the lieutenant
governor, the speaker of the house of representatives, and the chairs of
the standing committees of the senate and house of representatives with
primary jurisdiction over criminal justice. The report must contain the
following information for the preceding calendar year:
(1) an assessment of the
extent of tracking or monitoring by law enforcement agencies of pen
register, trap and trace, ESN reader, and location information;
(2) a comparison of the
ratio of the number of applications for warrants or orders made under this
article to the number of arrests and convictions resulting from information
obtained under a warrant or order issued under this article;
(3) identification of the
types of offenses investigated under a warrant or order issued under this
article; and
(4) with respect to both state and local jurisdictions, an estimate
of the total cost of conducting investigations under a warrant or order
issued under this article.
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SECTION 7. Article 18.21,
Code of Criminal Procedure, is amended by adding Section 17 to read as
follows:
Sec. 17. ANNUAL REPORT OF
WARRANTS AND ORDERS.
(a) Not later than the 60th day after the date of expiration of a
warrant or order issued under this article or an order extending the period
of a warrant or order issued under this article, or not later than the 60th day after the date the court denies an
application for a warrant or order under this article, the court shall
submit to the department the following information, as applicable:
(1) the receipt of an
application for a warrant or order under this article;
(2) the type of warrant
or order for which the application was made;
(3) whether any
application for an order of extension was granted, granted as modified by
the court, or denied;
(4) the period of
monitoring authorized by the warrant or order and the number and duration
of any extensions of the warrant or order;
(5) the offense under
investigation, as specified in the application for the warrant or order or
an extension of the warrant or order; and
(6) the law enforcement
agency or prosecutor that submitted an application for the warrant or order
or an extension of the warrant or order.
(b) Not later than March 15 of each year, each prosecutor that
submits an application for a warrant or order or an extension of a warrant
or order under this article shall submit to the department the following
information for the preceding calendar year:
(1) the information
required to be submitted by a court under Subsection (a) with respect to
each application submitted by the prosecutor for the warrant or order or an
extension of the warrant or order;
(2) a general description
of information collected under each warrant or order that was issued by the
court, including the approximate number of individuals for whom location
information was intercepted and the approximate duration of the monitoring
of the location information of those individuals;
(3) the number of arrests
made as a result of information obtained under a warrant or order issued
under this article;
(4) the number of
criminal trials commenced as a result of information obtained under a
warrant or order issued under this article; and
(5) the number of
convictions obtained as a result of information obtained under a warrant or
order issued under this article.
(c) Information submitted
to the department under this section is public information and subject to
disclosure under Chapter 552, Government Code.
(d) Not later than June 1 of each year, the public safety
director of the department shall submit a report to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
chairs of the standing committees of the senate and house of
representatives with primary jurisdiction over criminal justice. The
report must contain the following information for the preceding calendar
year:
(1) an assessment of the
extent of tracking or monitoring by law enforcement agencies of pen
register, trap and trace, ESN reader, and location information;
(2) a comparison of the
ratio of the number of applications for warrants or orders made under this
article to the number of arrests and convictions resulting from information
obtained under a warrant or order issued under this article; and
(3) identification of the
types of offenses investigated under a warrant or order issued under this
article.
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