reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 18A.101 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.101. Offenses for Which Interception Order May Be Issued

A judge of competent jurisdiction may issue an interception order only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of:(1)  a felony under any of the following provisions of the Health and Safety Code:(A)  Chapter 481, other than felony possession of marihuana;(B)  Chapter 483; or(C)  Section 485.032;(2)  an offense under any of the following provisions of the Penal Code:(A)  Section 19.02;(B)  Section 19.03;(C)  Section 20.03;(D)  Section 20.04;(E)  Chapter 20A;(F)  Chapter 34, if the criminal activity giving rise to the proceeds involves the commission of an offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense under Title 5;(G)  Section 38.11;(H)  Section 43.04;(I)  Section 43.041;(J)  Section 43.05; or(K)  Section 43.26; or(3)  an attempt, conspiracy, or solicitation to commit an offense listed in Subdivision (1) or (2). |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.Amended by: Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.05, eff. September 1, 2019.|
TX Code Crim Pro art 18A.102 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.102. Judicial Determinations Required for Issuance of Interception Order

On receipt of an application under Subchapter B, the judge may issue an ex parte interception order, as requested or as modified, if the judge determines from the evidence submitted by the prosecutor that:(1)  there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense described by Article 18A.101;(2)  there is probable cause to believe that particular communications concerning that offense will be obtained through the interception;(3)  normal investigative procedures have been attempted and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if attempted;(4)  there is probable cause to believe that the facilities from which or the place where the wire, oral, or electronic communications are to be intercepted is being used or is about to be used in connection with the commission of an offense or is leased to, listed in the name of, or commonly used by the person; and(5)  a covert entry is or is not necessary to properly and safely install the wiretapping, electronic surveillance, or eavesdropping equipment. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.103 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.103. Contents of Interception Order

(a)  An interception order must specify:(1)  the identity of the person, if known, whose communications are to be intercepted;(2)  except as otherwise provided by this chapter, the nature and location of the communications facilities as to which or the place where authority to intercept is granted;(3)  a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which the communication relates;(4)  the identity of the officer making the request and the identity of the prosecutor;(5)  the period during which the interception is authorized, including a statement of whether the interception will automatically terminate when the described communication is first obtained; and(6)  whether a covert entry or surreptitious entry is necessary to properly and safely install wiretapping, electronic surveillance, or eavesdropping equipment.(b)  Each interception order and extension of that order must provide that the authorization to intercept be executed as soon as practicable, be conducted in a way that minimizes the interception of communications not otherwise subject to interception under this chapter, and terminate on obtaining the authorized objective or within 30 days, whichever occurs sooner.(c)  For purposes of Subsection (b), if the intercepted communication is in code or a foreign language and an expert in that code or language is not reasonably available during the period of interception, minimization may be accomplished as soon as practicable after the interception.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.104 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.104. Limitation on Covert Entry

(a)  An interception order may not authorize a covert entry for the purpose of intercepting an oral communication unless:(1)  the judge, in addition to making the determinations required under Article 18A.102, determines:(A)  that:(i)  the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of a pen register previously authorized in connection with the same investigation;(ii)  the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of an interception of wire or electronic communications previously authorized in connection with the same investigation; and(iii)  the procedures under Subparagraphs (i) and (ii) have failed; or(B)  that the procedures under Paragraph (A) reasonably appear to be unlikely to succeed or to be too dangerous if attempted or are not feasible under the circumstances or exigencies of time; and(2)  the interception order, in addition to the matters required to be specified under Article 18A.103(a), specifies that:(A)  the covert entry is for the purpose of intercepting oral communications of two or more persons; and(B)  there is probable cause to believe that the persons described by Paragraph (A) are committing, have committed, or are about to commit a particular offense described by Article 18A.101.(b)  An interception order may not authorize a covert entry into a residence solely for the purpose of intercepting a wire or electronic communication.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.105 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.105. Authority to Issue Certain Ancillary Orders

An interception order may include an order to:(1)  install or use a pen register, ESN reader, trap and trace device, or mobile tracking device or similar equipment that combines the function of a pen register and trap and trace device; or(2)  disclose a stored communication, information subject to an administrative subpoena, or information subject to access under Chapter 18B. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.106 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.106. Order to Third Party to Assist With Execution of Interception Order

(a)  On request of the prosecutor applying for an interception order, the judge may issue a separate order directing a provider of a wire or electronic communications service, communication common carrier, landlord, custodian, or other person to provide to the prosecutor all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, carrier, landlord, custodian, or other person is providing the person whose communications are to be intercepted.(b)  A provider of a wire or electronic communications service, communication common carrier, landlord, custodian, or other person that provides facilities or technical assistance under an order described by Subsection (a) is entitled to compensation, at the prevailing rates, by the prosecutor for reasonable expenses incurred in providing the facilities or assistance. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.107 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.107. Duration of Interception Order

An interception order may not authorize the interception of a communication for a period that:(1)  is longer than is necessary to achieve the objective of the authorization; or(2)  exceeds 30 days.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.108 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.108. Extension of Interception Order

(a)  A judge who issues an interception order may grant extensions of the order.(b)  An extension of an interception order may be granted only if:(1)  an application for an extension is made in accordance with Article 18A.055; and(2)  the judge makes the findings required by Article 18A.102.(c)  The period of extension may not:(1)  be longer than the judge considers necessary to achieve the purposes for which the extension is granted; or(2)  exceed 30 days.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.109 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.109. Report on Need for Continued Interception

(a)  An interception order may require reports to the judge who issued the order that show any progress toward achieving the authorized objective and the need for continued interception.(b)  Reports under this article must be made at any interval the judge requires. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.110 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter C. Issuance of Interception Order and Related Orders|Article 18A.110. Subsequent Criminal Prosecution Related to Interception Order

A judge who issues an interception order may not hear a criminal prosecution in which:(1)  evidence derived from the interception may be used; or(2)  the order may be an issue. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.151 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter D. Interception Order for Communication by Specified Person|Article 18A.151. Requirements Regarding Interception Order for Communication by Specified Person

The requirements of Articles 18A.055(b)(3)(B) and 18A.103(a)(2) relating to the specification of the facilities from which or the place where a communication is to be intercepted do not apply if:(1)  in the case of an application for an interception order that authorizes the interception of an oral communication:(A)  the application contains a complete statement as to why the specification is not practical and identifies the person committing or believed to be committing the offense and whose communications are to be intercepted; and(B)  a judge of competent jurisdiction finds that the specification is not practical; or(2)  in the case of an application for an interception order that authorizes the interception of a wire or electronic communication:(A)  the application identifies the person committing or believed to be committing the offense and whose communications are to be intercepted;(B)  a judge of competent jurisdiction finds that the prosecutor has made an adequate showing of probable cause to believe that the actions of the person identified in the application could have the effect of preventing interception from a specified facility; and(C)  the authority to intercept a wire or electronic communication under the interception order is limited to a period in which it is reasonable to presume that the person identified in the application will be reasonably proximate to the interception device.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.152 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter D. Interception Order for Communication by Specified Person|Article 18A.152. Implementation of Interception Order

A person implementing an interception order that authorizes the interception of an oral communication and that, as permitted by this subchapter, does not specify the facility from which or the place where a communication is to be intercepted may begin interception only after the person ascertains the place where the communication is to be intercepted.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.153 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter D. Interception Order for Communication by Specified Person|Article 18A.153. Motion to Modify or Quash Interception Order

(a)  A provider of a wire or electronic communications service that receives an interception order that authorizes the interception of a wire or electronic communication and that, as permitted by this subchapter, does not specify the facility from which or the place where a communication is to be intercepted may move the court to modify or quash the order on the ground that the service provider's assistance with respect to the interception cannot be performed in a timely or reasonable manner.(b)  On notice to the state, the court shall decide the motion expeditiously.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.201 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter E. Emergency Installation and Use of Interception Device|Article 18A.201. Definitions

In this subchapter:(1)  "Immediate life-threatening situation" means a hostage, barricade, or other emergency situation in which a person unlawfully and directly:(A)  threatens another with death; or(B)  exposes another to a substantial risk of serious bodily injury.(2)  "Member of a law enforcement unit specially trained to respond to and deal with life-threatening situations" means a peace officer who, as evidenced by the submission of appropriate documentation to the Texas Commission on Law Enforcement:(A)  receives each year a minimum of 40 hours of training in hostage and barricade suspect situations; or(B)  has received a minimum of 24 hours of training on kidnapping investigations and is:(i)  the sheriff of a county with a population of 3.3 million or more or the sheriff's designee; or(ii)  the police chief of a police department in a municipality with a population of 500,000 or more or the chief's designee.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.202 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter E. Emergency Installation and Use of Interception Device|Article 18A.202. Possession and Use of Interception Device in Emergency Situation

(a)  The prosecutor in a county in which an interception device is to be installed or used shall designate in writing each peace officer in the county, other than a commissioned officer of the department, who is:(1)  a member of a law enforcement unit specially trained to respond to and deal with life-threatening situations; and(2)  authorized to possess an interception device and responsible for the installation, operation, and monitoring of the device in an immediate life-threatening situation.(b)  A peace officer designated under Subsection (a) or Article 18A.301(c) may possess, install, operate, or monitor an interception device if the officer:(1)  reasonably believes an immediate life-threatening situation exists that:(A)  is within the territorial jurisdiction of the officer or another officer the officer is assisting; and(B)  requires interception of communications before an interception order can, with due diligence, be obtained under this subchapter;(2)  reasonably believes there are sufficient grounds under this subchapter on which to obtain an interception order; and(3)  before beginning the interception, obtains oral or written consent to the interception from:(A)  a judge of competent jurisdiction;(B)  a district judge for the county in which the device will be installed or used; or(C)  a judge or justice of a court of appeals or of a higher court.(c)  If a peace officer installs or uses an interception device under Subsection (b), the officer shall:(1)  promptly report the installation or use to the prosecutor in the county in which the device is installed or used; and(2)  within 48 hours after the installation is complete or the interception begins, whichever occurs first, obtain a written interception order from a judge of competent jurisdiction.(d)  A peace officer may certify to a communication common carrier that the officer is acting lawfully under this subchapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.203 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter E. Emergency Installation and Use of Interception Device|Article 18A.203. Consent for Emergency Interception

(a)  An official described by Article 18A.202(b)(3) may give oral or written consent to the interception of communications under this subchapter to provide evidence of the commission of a felony, or of a threat, attempt, or conspiracy to commit a felony, in an immediate life-threatening situation.(b)  Oral or written consent given under this subchapter expires on the earlier of:(1)  48 hours after the grant of consent; or(2)  the conclusion of the emergency justifying the interception.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.204 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter E. Emergency Installation and Use of Interception Device|Article 18A.204. Written Order Authorizing Interception

(a)  A judge of competent jurisdiction under Article 18A.051 or under Article 18A.202(b) may issue a written interception order under this subchapter during the 48-hour period prescribed by Article 18A.202(c)(2).(b)  A written interception order under this subchapter expires on the earlier of:(1)  the 30th day after the date of execution of the order; or(2)  the conclusion of the emergency that initially justified the interception.(c)  If an interception order is denied or is not issued within the 48-hour period, the officer shall terminate use of and remove the interception device promptly on the earlier of:(1)  the denial;(2)  the end of the emergency that initially justified the interception; or(3)  the expiration of 48 hours.  |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.205 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter E. Emergency Installation and Use of Interception Device|Article 18A.205. Certain Evidence Not Admissible

The state may not use as evidence in a criminal proceeding information gained through the use of an interception device installed under this subchapter if authorization for the device is not sought or is sought but not obtained.|Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|
TX Code Crim Pro art 18A.251 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 18A - Detection, Interception, and Use of Wire, Oral, and Electronic Communications|Subchapter F. Detection of Cellular Telephone or Other Wireless Communications Device in Correctional or Detention Facility|Article 18A.251. Definition

In this subchapter, "correctional facility" means:(1)  a place described by Section 1.07(a)(14), Penal Code; or(2)  a "secure correctional facility" or "secure detention facility" as defined by Section 51.02, Family Code. |Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.|