|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to warrants issued to obtain location information from |
|
wireless communications devices. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 18.02, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 18.02. GROUNDS FOR ISSUANCE. A search warrant may be |
|
issued to search for and seize: |
|
(1) property acquired by theft or in any other manner |
|
which makes its acquisition a penal offense; |
|
(2) property specially designed, made, or adapted for |
|
or commonly used in the commission of an offense; |
|
(3) arms and munitions kept or prepared for the |
|
purposes of insurrection or riot; |
|
(4) weapons prohibited by the Penal Code; |
|
(5) gambling devices or equipment, altered gambling |
|
equipment, or gambling paraphernalia; |
|
(6) obscene materials kept or prepared for commercial |
|
distribution or exhibition, subject to the additional rules set |
|
forth by law; |
|
(7) a drug, controlled substance, immediate |
|
precursor, chemical precursor, or other controlled substance |
|
property, including an apparatus or paraphernalia kept, prepared, |
|
or manufactured in violation of the laws of this state; |
|
(8) any property the possession of which is prohibited |
|
by law; |
|
(9) implements or instruments used in the commission |
|
of a crime; |
|
(10) property or items, except the personal writings |
|
by the accused, constituting evidence of an offense or constituting |
|
evidence tending to show that a particular person committed an |
|
offense; |
|
(11) persons; [or] |
|
(12) contraband subject to forfeiture under Chapter 59 |
|
of this code; or |
|
(13) location information as defined by Article 18.21. |
|
SECTION 2. Section 1, Article 18.21, Code of Criminal |
|
Procedure, is amended by adding Subdivision (4-a) to read as |
|
follows: |
|
(4-a) "Location information" means any information |
|
that: |
|
(A) concerns the location of a cellular telephone |
|
or other wireless communications device; and |
|
(B) is wholly or partly generated by or derived |
|
from the operation of the device. |
|
SECTION 3. 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 then 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. |
|
SECTION 4. This Act takes effect September 1, 2013. |