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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for access to certain location |
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information by certain law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18B.322(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The application must be filed with a district judge in |
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the applicable judicial district on: |
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(1) the prosecutor's or assistant's own motion; or |
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(2) the request of: |
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(A) an authorized peace officer of: |
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(i) a designated law enforcement office or |
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agency; or |
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(ii) the sheriff's department of a county |
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with a population of 800,000 or more adjacent to a county with a |
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population of 3.3 million or more; or |
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(B) an authorized peace officer commissioned by |
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the department. |
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SECTION 2. Article 18B.325(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) An authorized peace officer described by Article |
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18B.322(c)(2)(A) or (B) [of a designated law enforcement office or |
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agency or an authorized peace officer commissioned by the |
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department] may, without a warrant, require the disclosure of |
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location information described by Article 18B.321(a) if: |
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(1) the officer reasonably believes an immediate |
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life-threatening situation exists that: |
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(A) is within the officer's territorial |
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jurisdiction; and |
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(B) requires the disclosure of the location |
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information before a warrant can, with due diligence, be obtained |
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under this subchapter; and |
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(2) there are sufficient grounds under this subchapter |
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on which to obtain a warrant requiring the disclosure of the |
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location information. |
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SECTION 3. This Act takes effect September 1, 2023. |