BILL ANALYSIS

 

 

 

H.B. 4157

By: Anchia

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Reports indicate that some police departments are increasingly using "ping orders" to identify the location of suspects in certain crimes by pinging their cell phones. Concerns have been raised regarding the limited authority of certain municipalities to utilize this tool in the most efficient manner possible. H.B. 4157 seeks to address this issue by expanding the authority to effectively use this technique.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 4157 amends the Code of Criminal Procedure to lower from 500,000 to 200,000 the minimum population threshold of a municipality whose police department is considered a designated law enforcement office or agency for purposes of statutory provisions governing the installation and use of certain tracking equipment and access to stored communications.

 

EFFECTIVE DATE

 

September 1, 2019.