85R13025 JRR-F
	By: Burton	S.B. No. 1823

	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 limits the search to
	only the contact list information, 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.