Bill Text: TX SB112 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the procedures for the installation and use of tracking equipment and for access to certain communications and location information by law enforcement and the admissibility of certain evidence obtained through those procedures.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB112 Detail]

Download: Texas-2021-SB112-Engrossed.html

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By: West S.B. No. 112

A BILL TO BE ENTITLED
AN ACT
relating to the requirements of an affidavit supporting the
installation and use of a mobile tracking device.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18B.202(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The affidavit must:
(1) state the name, department, agency, and address of
the applicant;
(2) identify the vehicle, container, or item to which,
in which, or on which the mobile tracking device is to be attached,
placed, or otherwise installed;
(3) state the name of the owner or possessor of the
vehicle, container, or item identified under Subdivision (2);
(4) state the judicial jurisdictional area in which
the vehicle, container, or item identified under Subdivision (2) is
expected to be found; and
(5) state the facts and circumstances that provide the
applicant with probable cause to believe [a reasonable suspicion]
that:
(A) criminal activity has been, is, or will be
committed; and
(B) the installation and use of a mobile tracking
device is likely to produce information that is material to an
ongoing criminal investigation of that criminal activity.
SECTION 2. This Act takes effect September 1, 2021.