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A BILL TO BE ENTITLED
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AN ACT
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relating to the offenses for which the use of wire, oral, or |
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electronic interception devices may be authorized. |
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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 |
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AUTHORIZED. A judge of competent jurisdiction may issue an order |
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authorizing interception of wire, oral, or electronic |
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communications only if the prosecutor applying for the order shows |
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probable cause to believe that the interception will provide |
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evidence of the 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 38.11, Penal Code; or |
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(7) an attempt, conspiracy, or solicitation to commit |
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an offense listed in this section. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for an interception order filed on or after the |
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effective date of this Act. An application for an interception |
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order filed before the effective date of this Act is governed by the |
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law in effect on the date the application was filed, 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, 2013. |