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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of certain warrants and orders for |
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searches performed on wireless communications devices and for the |
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installation and use of certain tracking equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.0215(b) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) A warrant under this article may be issued only by a |
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judge in the same judicial district or county as the site of: |
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(1) the law enforcement agency that employs the peace |
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officer, if the cellular telephone or other wireless communications |
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device is in the officer's possession; or |
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(2) the likely location of the telephone or device. |
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(c) A judge may issue a warrant under this article only on |
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the application of a peace officer. An application must be written |
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and signed and sworn to or affirmed before the judge. The |
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application must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the cellular telephone or other wireless |
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communications device to be searched; |
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(3) state the name of the owner or possessor of the |
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telephone or device to be searched; |
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(4) state the judicial district or county, as |
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applicable, in which: |
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(A) the law enforcement agency that employs the |
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peace officer is located, if the telephone or device is in the |
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officer's possession; or |
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(B) the telephone or device is likely to be |
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located; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) searching the telephone or device is likely |
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to produce evidence in the investigation of the criminal activity |
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described in Paragraph (A). |
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SECTION 2. Article 18B.052, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18B.052. JURISDICTION. (a) Except as otherwise |
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provided by Subsection (b), an [An] application under this |
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subchapter must be filed in a judicial district in which is located: |
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(1) the site of the proposed installation or use of the |
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device or equipment; |
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(2) the site of the communication device on which the |
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device or equipment is proposed to be installed or used; |
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(3) the billing, residential, or business address of |
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the subscriber to the electronic communications service on which |
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the device or equipment is proposed to be installed or used; |
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(4) the headquarters of: |
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(A) the office of the prosecutor filing an |
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application under this subchapter; or |
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(B) a law enforcement agency that requests the |
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prosecutor to file an application under this subchapter or that |
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proposes to execute an order authorizing installation and use of |
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the device or equipment; or |
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(5) the headquarters of a service provider ordered to |
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install the device or equipment. |
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(b) If a district judge in the judicial district described |
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by Subsection (a) is not available, the application may be filed |
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with a district judge in a judicial district for a county that is |
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contiguous with a county containing any of the locations specified |
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by Subsection (a). |
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SECTION 3. Article 18B.203, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) As authorized under Subsection (a-1), a [A] district |
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judge may issue an order for the installation and use of a mobile |
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tracking device in the same judicial district as the site of: |
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(1) the investigation; or |
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(2) the person, vehicle, container, item, or object |
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the movement of which will be tracked by the device. |
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(a-1) An order under Subsection (a) may be issued by a |
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district judge in a judicial district containing a location |
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specified by that subsection or, if that district judge is not |
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available, with a district judge in a judicial district for a county |
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that is contiguous with a county containing any of the locations |
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specified by Subsection (a). |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for a warrant or court order submitted on or after |
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the effective date of this Act. An application for a warrant or |
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court order submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |