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Relating to the issuance and execution of certain search warrants in a criminal investigation and the admissibility of evidence obtained through certain searches.
No significant fiscal implication to the State is anticipated.
HB 3363 would create a new category of search warrants for location information possessed by electronic communications providers. The bill would require a search warrant for law enforcement to obtain location information (information that identifies the location of a private communications device) from an electronic communications provider. An application by a prosecutor for such a warrant would have to include a sworn affidavit establishing probable cause that the information will produce evidence of an offense under investigation or result in the apprehension of a fugitive.
If enacted, this type of warrant would be valid for 60 days. Law enforcement would be able to require a provider to disclose location information without a warrant if they reasonably believe a life-threatening situation exists within their jurisdiction and the information is needed before a warrant can be obtained.
Texas Action supports HB 3363 because it would promote individual liberty and limited government. The approach taken by this bill would protect the individual rights of Texans without crippling the investigative powers of our law enforcement.
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