Emergency vehicle tracking before a court order

The text as introduced · 549 words

89R8989 JCG-F

By: Harless
H.B. No. 2178

A BILL TO BE ENTITLED

AN ACT

relating to the emergency installation and use of a mobile tracking

device on a vehicle by an authorized peace officer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 18B, Code of Criminal

Procedure, is amended by adding Article 18B.2055 to read as

follows:

Art. 18B.2055. EMERGENCY INSTALLATION AND USE OF MOBILE

TRACKING DEVICE ON VEHICLE. (a) An authorized peace officer may

install and use a mobile tracking device on a vehicle without

obtaining an order under this subchapter if:

(1) the peace officer has probable cause to believe

that the vehicle to which, in which, or on which the mobile tracking

device is to be attached, placed, or otherwise installed is being

used in the commission of an offense:

(A) listed in Article 42A.054; or

(B) under Section 38.04 or 38.06, Penal Code,

that is punishable as a felony; and

(2) the installation and use of the mobile tracking

device without first obtaining an order under this subchapter is

necessary to prevent:

(A) the impairment of a criminal investigation;

(B) the damage or destruction of property;

(C) the death of or bodily injury to a person; or

(D) the escape of a person who is a fugitive from

justice for a felony.

(b) Not later than 72 hours after the time the mobile

tracking device is attached, placed, or otherwise installed on the

vehicle, the authorized peace officer shall obtain an order under

this subchapter from a district judge with jurisdiction over the

site of the vehicle the movement of which is being tracked by the

device. An application for an order required by this subsection

must provide one or more reasons as prescribed by Subsection (a)(2)

for the necessity of installing and using a mobile tracking device

without first obtaining an order under this subchapter.

(c) The authorized peace officer may designate another

authorized peace officer to obtain the order under Subsection (b)

on behalf of the authorized peace officer who attached, placed, or

otherwise installed the mobile tracking device.

(d) The judge may issue an order authorizing the

installation and use of the mobile tracking device during the

72-hour period prescribed by Subsection (b) if the judge finds

that:

(1) the vehicle is being used for the commission of an

offense described by Subsection (a)(1); and

(2) the installation and use of the mobile tracking

device without first obtaining an order under this subchapter was

necessary for a reason prescribed by Subsection (a)(2).

(e) If the application for the order is denied or the order

is not issued within the 72-hour period prescribed by Subsection

(b):

(1) the authorized peace officer shall terminate the

use of the mobile tracking device on the earlier of the denial of

the application or the expiration of the 72-hour period; and

(2) the state may not use as evidence in a criminal

proceeding any information obtained through the use of the mobile

tracking device.

SECTION 2. The changes in law made by this Act apply only to

the installation and use of a mobile tracking device by an

authorized peace officer on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.