Bill Text: TX HB353 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to law enforcement access to cell site information stored by certain entities providing wireless service to a wireless communications device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-15 - Committee report sent to Calendars [HB353 Detail]
Download: Texas-2019-HB353-Introduced.html
86R1257 JSC-D | ||
By: Blanco | H.B. No. 353 |
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relating to law enforcement access to cell site information stored | ||
by certain entities providing wireless service to a wireless | ||
communications device. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 18.02(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A search warrant may be issued to search for and seize: | ||
(1) property acquired by theft or in any other manner | ||
which makes its acquisition a penal offense; | ||
(2) property specially designed, made, or adapted for | ||
or commonly used in the commission of an offense; | ||
(3) arms and munitions kept or prepared for the | ||
purposes of insurrection or riot; | ||
(4) weapons prohibited by the Penal Code; | ||
(5) gambling devices or equipment, altered gambling | ||
equipment, or gambling paraphernalia; | ||
(6) obscene materials kept or prepared for commercial | ||
distribution or exhibition, subject to the additional rules set | ||
forth by law; | ||
(7) a drug, controlled substance, immediate | ||
precursor, chemical precursor, or other controlled substance | ||
property, including an apparatus or paraphernalia kept, prepared, | ||
or manufactured in violation of the laws of this state; | ||
(8) any property the possession of which is prohibited | ||
by law; | ||
(9) implements or instruments used in the commission | ||
of a crime; | ||
(10) property or items, except the personal writings | ||
by the accused, constituting evidence of an offense or constituting | ||
evidence tending to show that a particular person committed an | ||
offense; | ||
(11) persons; | ||
(12) contraband subject to forfeiture under Chapter 59 | ||
of this code; | ||
(13) electronic customer data held in electronic | ||
storage, including: | ||
(A) the contents of and records and other | ||
information related to a wire communication or electronic | ||
communication held in electronic storage; and | ||
(B) cell site information; or | ||
(14) a cellular telephone or other wireless | ||
communications device, subject to Article 18.0215. | ||
SECTION 2. Article 18.02(b)(2), Code of Criminal Procedure, | ||
as effective January 1, 2019, is amended to read as follows: | ||
(2) "Cell site information," "electronic | ||
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have the meanings assigned by Article 18B.001. | ||
SECTION 3. Article 18B.001, Code of Criminal Procedure, is | ||
amended by adding Subdivision (1-a) and amending Subdivision (7) to | ||
read as follows: | ||
(1-a) "Cell site information" means information that | ||
reveals the location of a cellular telephone or other wireless | ||
communications device and that is derived from the device's | ||
connections to radio antennas through which a provider of an | ||
electronic communications service or provider of a remote computing | ||
service provides wireless service to that device. | ||
(7) "Electronic customer data" means data or records | ||
that: | ||
(A) are in the possession, care, custody, or | ||
control of a provider of an electronic communications service or | ||
provider of a remote computing service; and | ||
(B) contain: | ||
(i) information revealing the identity of | ||
customers of the applicable service; | ||
(ii) information about a customer's use of | ||
the applicable service; | ||
(iii) information that identifies the | ||
recipient or destination of a wire or electronic communication sent | ||
to or by a customer; | ||
(iv) the content of a wire or electronic | ||
communication sent to or by a customer; [ |
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(v) cell site information; and | ||
(vi) any data stored with the applicable | ||
service provider by or on behalf of a customer. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a warrant issued on or after the effective date of this Act. A | ||
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. | ||
SECTION 5. This Act takes effect September 1, 2019. |