Bill Text: TX SB1823 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to a warrant authorizing the search of a cellular telephone or other wireless communications device.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2017-05-15 - Committee report sent to Calendars [SB1823 Detail]

Download: Texas-2017-SB1823-Comm_Sub.html
 
 
  By: Burton S.B. No. 1823
 
  (Koop)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a warrant authorizing the search of a cellular
  telephone or other wireless communications device.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 18.0215(b), (c), (d), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (b)  A warrant under this article may be issued only by a
  judge, justice, or other magistrate who is authorized to issue a
  search warrant under Article 18.01(c) and is in the same judicial
  district as the site of:
               (1)  the law enforcement agency that employs the peace
  officer, if the cellular telephone or other wireless communications
  device is in the officer's possession; or
               (2)  the likely location of the telephone or device.
         (c)  A judge, justice, or other magistrate may issue a
  warrant under this article only on the application of a peace
  officer.  An application must be written and signed and sworn to or
  affirmed before that magistrate [the judge].  The application must:
               (1)  state the name, department, agency, and address of
  the applicant;
               (2)  identify the cellular telephone or other wireless
  communications device to be searched;
               (3)  state the name of the owner or possessor of the
  telephone or device to be searched;
               (4)  state the judicial district in which:
                     (A)  the law enforcement agency that employs the
  peace officer is located, if the telephone or device is in the
  officer's possession; or
                     (B)  the telephone or device is likely 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)  searching the telephone or device is likely
  to produce evidence in the investigation of the criminal activity
  described in Paragraph (A).
         (d)  Notwithstanding any other law, a peace officer may
  search a cellular telephone or other wireless communications device
  without a warrant if:
               (1)  the owner or possessor of the telephone or device
  consents to the search;
               (2)  the officer reasonably believes that the telephone
  or device has been [is reported] stolen and:
                     (A)  limits the search to only the contact list
  information and device settings necessary to identify the owner of
  the telephone or device; or
                     (B)  if the officer is unable to identify the
  owner of the telephone or device from a search conducted under
  Paragraph (A), limits the search to only the photographs, social
  media account information, and e-mail account information
  necessary to identify the owner of the telephone or device [by the
  owner or possessor]; or
               (3)  the officer reasonably believes that:
                     (A)  the telephone or device is in the possession
  of a fugitive from justice for whom an arrest warrant has been
  issued for committing a felony offense; or
                     (B)  there exists an immediate life-threatening
  situation, as defined by Section 1, Article 18.20.
         (e)  A peace officer must apply for a warrant to search a
  cellular telephone or other wireless communications device as soon
  as practicable after a search is conducted under Subsection
  (d)(3)(A) or (B).  If the magistrate considering the application 
  [judge] finds that the applicable situation under Subsection
  (d)(3)(A) or (B) did not occur and declines to issue the warrant,
  any evidence obtained is not admissible in a criminal action.
         SECTION 2.  (a)  The change in law made by this Act to
  Articles 18.0215(b) and (c), Code of Criminal Procedure, applies
  only to a search warrant issued on or after the effective date of
  this Act. A search warrant issued before the effective date of this
  Act is governed by the law in effect on the date the warrant was
  issued, and the former law is continued in effect for that purpose.
         (b)  The change in law made by this Act to Articles
  18.0215(d) and (e), Code of Criminal Procedure, applies only to a
  search conducted on or after the effective date of this Act. A
  search conducted before the effective date of this Act is governed
  by the law in effect on the date the search was conducted, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
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