§ 18A.202 — POSSESSION AND USE OF INTERCEPTION DEVICE IN EMERGENCY SITUATION.

Texas § 18A.202

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 18A.202. POSSESSION AND USE OF INTERCEPTION DEVICE IN EMERGENCY SITUATION. (a) The prosecutor in a county in which an interception device is to be installed or used shall designate in writing each peace officer in the county, other than a commissioned officer of the department, who is:
(1) a member of a law enforcement unit specially trained to respond to and deal with life-threatening situations; and
(2) authorized to possess an interception device and responsible for the installation, operation, and monitoring of the device in an immediate life-threatening situation.
(b) A peace officer designated under Subsection (a) or Article 18A.301 (c) may possess, install, operate, or monitor an interception device if the officer:
(1) reasonably believes an immediate life-threatening situation exists that:
(A) is within the territorial jurisdiction of the officer or another officer the officer is assisting; and
(B) requires interception of communications before an interception order can, with due diligence, be obtained under this subchapter;
(2) reasonably believes there are sufficient grounds under this subchapter on which to obtain an interception order; and
(3) before beginning the interception, obtains oral or written consent to the interception from:
(A) a judge of competent jurisdiction;
(B) a district judge for the county in which the device will be installed or used; or
(C) a judge or justice of a court of appeals or of a higher court.
(c) If a peace officer installs or uses an interception device under Subsection (b), the officer shall:
(1) promptly report the installation or use to the prosecutor in the county in which the device is installed or used; and
(2) within 48 hours after the installation is complete or the interception begins, whichever occurs first, obtain a written interception order from a judge of competent jurisdiction.
(d) A peace officer may certify to a communication common carrier that the officer is acting lawfully under this subchapter.

Legislative History

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