DecisionDepot
California legal research

Texas Code of Criminal Procedure

§ 18B.322 — WARRANT REQUIRED FOR CERTAIN LOCATION INFORMATION HELD IN ELECTRONIC STORAGE

CR § 18B.322Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18B. INSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONS · Art. G-1. PROSPECTIVE LOCATION INFORMATION

Statute text

View on source
(a)A warrant is required to obtain the disclosure of location information described by Article 18B.321(a) by a provider of an electronic communications service or a provider of a remote computing service.
(b)Only a prosecutor or a prosecutor's assistant with jurisdiction in a county within a judicial district described by Article 18B.052(4) may file an application for a warrant under this subchapter. The application must be supported by the sworn affidavit required by Article 18.01(b).
(c)The application must be filed with a district judge in the applicable judicial district on:
(1)the prosecutor's or assistant's own motion; or
(2)the request of an authorized peace officer of a designated law enforcement office or agency or an authorized peace officer commissioned by the department.

Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 5, eff. September 1, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 6, eff. September 1, 2021.

Source: Texas Code of Criminal Procedure § 18B.322 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.