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Texas Code of Criminal Procedure

§ 18B.051 — REQUIREMENTS REGARDING REQUEST FOR AND FILING OF APPLICATION

CR § 18B.051Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. B. APPLICATION FOR ORDER AUTHORIZING INSTALLATION AND USE OF EQUIPMENT

Statute text

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(a)A prosecutor with jurisdiction in a county within a judicial district described by Article 18B.052 may file with a district judge in the judicial district an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device.
(b)A prosecutor may file an application under this subchapter or under federal law on:
(1)the prosecutor's own motion; or
(2)the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
(c)A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor's behalf if the prosecutor:
(1)files an application on the prosecutor's own motion; or
…

Legislative history

Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.

Source: Texas Code of Criminal Procedure § 18B.051 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.