reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices

(a)  After seizure of an explosive weapon or chemical dispensing device, as these terms are defined in Section 46.01, Penal Code, a peace officer or a person acting at the direction of a peace officer shall:
(1) photograph the weapon in the position where it is recovered before touching or moving it;
(2) record the identification designations printed on a weapon if the markings are intact;
(3) if the weapon can be moved, move it to an isolated area in order to lessen the danger to the public;
(4) if possible, retain a portion of a wrapper or other packaging materials connected to the weapon;
(5) retain a small portion of the explosive material and submit the material to a laboratory for chemical analysis;
(6) separate and retain components associated with the weapon such as fusing and triggering mechanisms if those mechanisms are not hazardous in themselves;
(7) destroy the remainder of the weapon in a safe manner;
(8) at the time of destruction, photograph the destruction process and make careful observations of the characteristics of the destruction;
(9) after destruction, inspect the disposal site and photograph the site to record the destructive characteristics of the weapon;  and
(10) retain components of the weapon and records of the destruction for use as evidence in court proceedings.
(b) Representative samples, photographs, and records made pursuant to this article are admissible in civil or criminal proceedings in the same manner and to the same extent as if the explosive weapon were offered in evidence, regardless of whether or not the remainder of the weapon has been destroyed.  No inference or presumption of spoliation applies to weapons destroyed pursuant to this article.
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 5, eff. Sept. 1, 1983.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.182. Disposition of Item Bearing Counterfeit Mark

(a)  In this article, "counterfeit mark" and "protected mark" have the meanings assigned by Section 32.23, Penal Code.
(b)  Following the conviction or placement on deferred adjudication community supervision of a person for an offense under Section 32.23, Penal Code, the court entering the judgment of conviction or order of deferred adjudication community supervision shall order that any item bearing or identified by a counterfeit mark seized in connection with the offense be:
(1)  forfeited to the owner of the protected mark, if prior to an order disposing of property under this article the owner of the protected mark requests the return of the item; or
(2)  destroyed.
Added by Acts 2019, 86th Leg., R.S., Ch. 949 (S.B. 1164), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.183. Deposit of Money Pending Disposition

(a)  If money is seized by a law enforcement agency in connection with a violation of Chapter 47, Penal Code, the state or the political subdivision of the state that employs the law enforcement agency may deposit the money in an interest-bearing bank account in the jurisdiction of the agency that made seizure or in the county in which the money was seized until a final judgment is rendered concerning the violation.
(b) If a final judgment is rendered concerning a violation of Chapter 47, Penal Code, money seized in connection with the violation that has been placed in an interest-bearing bank account shall be distributed according to this chapter, with any interest being distributed in the same manner and used for the same purpose as the principal.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 4.02(a), eff. Sept. 1, 1987.  Renumbered from art. 18.182 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(6), eff. Aug. 28, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes

(a)  A law enforcement agency that directs the towing and storage of a motor vehicle for an evidentiary or examination purpose shall pay the cost of the towing and storage.
(b)  Subsection (a)  applies whether the motor vehicle is taken to or stored on property that is:
(1)  owned or operated by the law enforcement agency; or
(2)  owned or operated by another person who provides storage services to the law enforcement agency, including:
(A)  a governmental entity; and
(B)  a vehicle storage facility, as defined by Section 2303.002, Occupations Code.
(c)  Subsection (a)  does not require a law enforcement agency to pay the cost of:
(1)  towing or storing a motor vehicle for a purpose that is not an evidentiary or examination purpose, including towing or storing a vehicle that has been abandoned, illegally parked, in an accident, or recovered after being stolen; or
(2)  storing a motor vehicle after the date the law enforcement agency authorizes the owner or operator of the property to which the vehicle was taken or on which the vehicle is stored to release the vehicle to the vehicle's owner.
(d)  This subsection applies only to a motor vehicle taken to or stored on property described by Subsection (b)(2).  After a law enforcement agency authorizes the release of a motor vehicle held for an evidentiary or examination purpose, the owner or operator of the storage property may not refuse to release the vehicle to the vehicle's owner because the law enforcement agency has not paid the cost of the towing and storage.
(e)  Subchapter J, Chapter 2308, Occupations Code, does not apply to a motor vehicle directed by a law enforcement agency to be towed and stored for an evidentiary or examination purpose.
Added by Acts 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.01, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 18 - Search Warrants › Article 18.24. Body Cavity Search During Traffic Stop

(a) In this article, "body cavity search" means an inspection that is conducted of a person's anal or vaginal cavity in any manner, but the term does not include a pat-down.
(b)  Notwithstanding any other law, a peace officer may not conduct a body cavity search of a person during a traffic stop unless the officer first obtains a search warrant pursuant to this chapter authorizing the body cavity search.
Added by Acts 2015, 84th Leg., R.S., Ch. 997 (H.B. 324), Sec. 1, eff. September 1, 2015.
2023 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 A. General Provisions › Article 18A.002. Nonapplicability

This chapter does not apply to conduct described as an affirmative defense under Section 16.02(c), Penal Code, except as otherwise specifically provided by that section.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 B. Application for Interception Order › Article 18A.051. Judge of Competent Jurisdiction

(a) For purposes of this chapter, a judge of competent jurisdiction is a judge from the panel of nine active district judges with criminal jurisdiction who is appointed by the presiding judge of the court of criminal appeals under this article.
(b)  The presiding judge of the court of criminal appeals, by order filed with the clerk of that court, shall appoint one district judge from each of the administrative judicial regions of this state to serve at the presiding judge's pleasure as the judge of competent jurisdiction in that administrative judicial region.
(c)  The presiding judge shall fill vacancies as those vacancies occur in the same manner.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 B. Application for Interception Order › Article 18A.052. Request for Filing of Interception Application

(a)  The director may, based on written affidavits, request in writing that a prosecutor apply for an interception order.
(b)  The head of a local law enforcement agency or, if the head of the agency is absent or unable to serve, the acting head of the local law enforcement agency may, based on written affidavits, request in writing that a prosecutor apply for an interception order.
(c)  Before making a request under Subsection (b), the head of a local law enforcement agency must submit the request and supporting affidavits to the director.  The director shall make a written finding as to whether the request and supporting affidavits establish that other investigative procedures have been attempted and have failed or those procedures reasonably appear unlikely to succeed or to be too dangerous if attempted, is feasible, is justifiable, and whether the department has the necessary resources available.
(d)  A prosecutor may file the application requested under Subsection (b) only after a written positive finding by the director on all of the requirements provided by Subsection (c).
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 B. Application for Interception Order › Article 18A.053. Jurisdiction

Except as provided by Article 18A.054, a judge of competent jurisdiction may act on an application for an interception order if any of the following is located in the administrative judicial region with respect to which the judge is appointed:
(1)  the site of:
(A)  the proposed interception; or
(B)  the interception device to be installed or monitored;
(2)  the communication device to be intercepted;
(3)  the billing, residential, or business address of the subscriber to the electronic communications service to be intercepted;
(4)  the headquarters of the law enforcement agency that makes the request for or will execute the interception order; or
(5)  the headquarters of the service provider.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 B. Application for Interception Order › Article 18A.054. Alternate Jurisdiction

(a)  An application for an interception order may be made to the judge of competent jurisdiction in an administrative judicial region adjacent to a region described by Article 18A.053 if:
(1)  the judge of competent jurisdiction for the administrative judicial region described by Article 18A.053 is absent or unable to serve; or
(2)  exigent circumstances exist.
(b)  Exigent circumstances under Subsection (a)(2) do not include a denial of a previous application on the same facts and circumstances.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.252. Use of Interception Device by Inspector General

(a)  Notwithstanding any other provision of this chapter or Chapter 18B, the office of inspector general of the Texas Department of Criminal Justice may:
(1)  without a warrant, use an interception device to detect the presence or use of a cellular telephone or other wireless communications device in a correctional facility;
(2)  without a warrant, intercept, monitor, detect, or, as authorized by applicable federal laws and regulations, prevent the transmission of a communication through a cellular telephone or other wireless communications device in a correctional facility; and
(3)  use, to the extent authorized by law, any information obtained under Subdivision (2), including the contents of an intercepted communication, in a criminal or civil proceeding before a court or other governmental agency or entity.
(b)  When using an interception device under Subsection (a), the office of inspector general shall minimize the impact of the device on a communication that is not reasonably related to the detection of the presence or use of a cellular telephone or other wireless communications device in a correctional facility.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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.253. Reporting Use of Interception Device

Not later than the 30th day after the date on which the office of inspector general uses an interception device under Article 18A.252(a), the inspector general shall report the use of the device to:
(1)  a prosecutor with jurisdiction in the county in which the device was used; or
(2)  the special prosecution unit established under Subchapter E, Chapter 41, Government Code, if that unit has jurisdiction in the county in which the device was used.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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.254. No Expectation of Privacy

(a)  A person confined in a correctional facility does not have an expectation of privacy with respect to the possession or use of a cellular telephone or other wireless communications device located on the premises of the facility.
(b)  A person confined in a correctional facility, and any person with whom the confined person communicates through the use of a cellular telephone or other wireless communications device, does not have an expectation of privacy with respect to the contents of a communication transmitted by the telephone or device.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 G. Agencies and Personnel Authorized to Possess and Use Interception Devices › Article 18A.301. Department of Public Safety Authorized to Possess and Use Interception Device

(a)  Except as otherwise provided by this subchapter and Subchapters E and F, only the department is authorized by this chapter to own, possess, install, operate, or monitor an interception device.
(b)  An investigative or law enforcement officer or other person may assist the department in the operation and monitoring of an interception of wire, oral, or electronic communications if the officer or other person:
(1)  is designated by the director for that purpose; and
(2)  acts in the presence and under the direction of a commissioned officer of the department.
(c)  The director shall designate in writing the commissioned officers of the department who are responsible for the possession, installation, operation, and monitoring of interception devices for the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 G. Agencies and Personnel Authorized to Possess and Use Interception Devices › Article 18A.302. Texas Department of Criminal Justice Authorized to Possess and Use Interception Device

(a)  The Texas Department of Criminal Justice may own an interception device for a use or purpose authorized by Section 500.008, Government Code.
(b)  The inspector general of the Texas Department of Criminal Justice, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device as provided by Section 500.008, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 G. Agencies and Personnel Authorized to Possess and Use Interception Devices › Article 18A.303. Texas Juvenile Justice Department Authorized to Possess and Use Interception Device

(a)  The Texas Juvenile Justice Department may own an interception device for a use or purpose authorized by Section 242.103, Human Resources Code.
(b)  The inspector general of the Texas Juvenile Justice Department, a commissioned officer of that office, or a person acting in the presence and under the direction of the commissioned officer may possess, install, operate, or monitor the interception device as provided by Section 242.103, Human Resources Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.351. Disclosure or Use of Intercepted Communications

An investigative or law enforcement officer who, by means authorized by this chapter, obtains knowledge of the contents of a wire, oral, or electronic communication or evidence derived from the communication may:
(1)  use the contents or evidence to the extent the use is appropriate to the proper performance of the officer's official duties; or
(2)  disclose the contents or evidence to another investigative or law enforcement officer, including a law enforcement officer or agent of the United States or of another state, to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.352. Disclosure Under Oath

A person who receives, by means authorized by this chapter, information concerning a wire, oral, or electronic communication or evidence derived from a communication intercepted in accordance with this chapter may disclose the contents of that communication or evidence while giving testimony under oath in any proceeding held under the authority of the United States, this state, or a political subdivision of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.353. Privileged Communications

(a)  An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, this chapter does not lose its privileged character.
(b)  Evidence derived from a privileged communication described by Subsection (a) against a party to that communication is privileged.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.354. Disclosure or Use of Incidentally Intercepted Communications

(a)  This article applies only to the contents of and evidence derived from wire, oral, or electronic communications that:
(1)  are intercepted by an investigative or law enforcement officer while engaged in intercepting wire, oral, or electronic communications in a manner authorized by this chapter; and
(2)  relate to offenses other than those specified by the interception order.
(b)  The contents of and evidence derived from a communication described by Subsection (a) may be disclosed or used as provided by Article 18A.351.
(c)  The contents of and evidence derived from a communication described by Subsection (a) may be used under Article 18A.352 when authorized by a judge of competent jurisdiction if the judge finds, on subsequent application, that the contents were otherwise intercepted in accordance with this chapter.
(d)  An application under Subsection (c) must be made as soon as practicable.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.355. Notice and Disclosure of Interception Application, Interception Order, and Intercepted Communications

(a)  Within a reasonable period but not later than the 90th day after the date an application for an interception order is denied or after the date an interception order or the last extension, if any, expires, the judge who granted or denied the application shall cause to be served on each person named in the order or application and any other party to an intercepted communication, if any, an inventory that must include notice of:
(1)  the application or the issuance of the order;
(2)  the date of denial of the application, or the date of the issuance of the order and the authorized interception period; and
(3)  whether during any authorized interception period wire, oral, or electronic communications were intercepted.
(b)  The judge may, on motion, make available for inspection to a person or the person's counsel any portion of an intercepted communication, application, or order that the judge determines to disclose to that person in the interest of justice.
(c)  On an ex parte showing of good cause to the judge, the serving of the inventory required under Subsection (a) may be postponed.
(d)  Evidence derived from an order under this chapter may not be disclosed in a trial until after the inventory has been served.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
2023 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 H. Disclosure and Use of Intercepted Communications › Article 18A.356. Notice of Interception Required

(a)  The contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication may not be received in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party, not later than the 10th day before the date of the trial, hearing, or other proceeding, has been provided with a copy of the interception order and application under which the interception was authorized.
(b)  The judge may waive the 10-day period described by Subsection (a) on a finding that:
(1)  it is not possible to provide the party with the information 10 days before the trial, hearing, or proceeding; and
(2)  the party will not be prejudiced by the delay in receiving the information.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.