| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Neutral | Neutral | Neutral | Positive | Positive |
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.
No significant fiscal implication to the State is anticipated.
SB 112 would change certain laws regarding search warrants. It would raise the burden of proof needed for law enforcement to use a mobile tracking device on a person from a reasonable suspicion of criminal activity to probable cause. A warrant would be required to obtain the disclosure of location information (information used to locate a private communications device) from an electronic communications service. If enacted, the affidavit for such a warrant filed by a prosecutor would have to establish probable cause that the location information would produce evidence of an offense under investigation or result in the apprehension of a fugitive. SB 112 would apply existing rules applicable to search warrants to this new category of warrants.
Texas Action supports SB 112 because it would promote individual liberty and limited government. The government has the burden to prove that any act to violate the privacy of its citizens is justified. As the use of mobile tracking devices over long periods amounts to a search, the burden of proof should rise to the level of obtaining a warrant. The approach taken by this bill would protect the individual rights of Texans without crippling the investigative powers of our law enforcement.