Texas Code of Criminal Procedure

§ 18A.354 — DISCLOSURE OR USE OF INCIDENTALLY INTERCEPTED COMMUNICATIONS

CR § 18A.354Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18A. DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS · Art. H. DISCLOSURE AND USE OF INTERCEPTED COMMUNICATIONS

Statute text

View on source

(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.

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.