HB2178 - Relating to the emergency installation and use of a mobile tracking device on a vehicle by an authorized peace officer.

  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.