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| CODE OF CRIMINAL PROCEDURE CHAPTER 18. SEARCH WARRANTS regardless of whether the officer is commissioned by the department. (c) The application must: (1) be made in writing under oath; (2) include the name of the subscriber and the telephone number and location of the communication device on which the pen register, ESN reader, trap and trace device, or similar equipment will be used, to the extent that information is known or is reasonably ascertainable; and (3) state that the installation and use of the device or equipment will likely produce information that is material to an ongoing criminal investigation. (d) On presentation of the application, the judge may order the installation and use of the pen register, ESN reader, or similar equipment by an authorized peace officer commissioned by the department or an authorized peace officer of a designated law enforcement agency, and, on request of the applicant, the judge shall direct in the order that a communication common carrier or a provider of electronic communications service furnish all information, facilities, and technical assistance necessary to facilitate the installation and use of the device or equipment by the department or designated law enforcement agency unobtrusively and with a minimum of interference to the services provided by the carrier or service. The carrier or service is entitled to compensation at the prevailing rates for the facilities and assistance provided to the department or a designated law enforcement agency. (e) On presentation of the application, the judge may order the installation and use of the trap and trace device or similar equipment by the communication common carrier or other person on the appropriate line. The judge may direct the communication common carrier or other person, including any landlord or other custodian of equipment, to furnish all information, facilities, and technical assistance necessary to install or use the device or equipment unobtrusively and with a minimum of interference to the services provided by the communication common carrier, landlord, custodian, or other person. Unless otherwise ordered by the court, the results of the trap and trace device or similar equipment shall be furnished to the applicant, designated by the court, at reasonable intervals during regular business hours, for the duration of the order. The carrier is entitled to compensation at the prevailing rates for the facilities and assistance provided to the law enforcement agency. (f) Except as otherwise provided by this subsection, an order for the installation and use of a device or equipment under this section is valid for not more than 60 days after the earlier of the date the device or equipment is installed or the 10th day after the date the order is entered, unless the prosecutor applies for and obtains from the court an extension of the order before the order expires. The period of extension may not exceed 60 days for each extension granted, except that with the consent of the subscriber or customer of the service on which the device or equipment is used, the court may extend an order for a period not to exceed one year. (g) The district court shall seal an application and order granted under this article. (h) A peace officer is not required to file an application or obtain an order under this section before the officer makes an otherwise lawful search, with or without a warrant, to determine the contents of a caller identification message, pager message, or voice message that is contained within the memory of an end-user's identification, paging, or answering device. (i) A peace officer of a designated law enforcement agency is authorized to possess, install, operate, or monitor a pen register, ESN reader, or similar equipment if the officer's name is on the list submitted to the director of the department under Subsection (k). (j) Each designated law enforcement agency shall: (1) adopt a written policy governing the application of this article to the agency; and (2) submit the policy to the director of the department, or the director's designee, for approval. (k) If the director of the department or the director's designee approves the policy submitted under Subsection (j), the sheriff or chief of a designated law enforcement agency, as applicable, or the sheriff's or chief's designee, shall submit to the director a written list of all officers in the agency who are authorized to possess, install, monitor, or operate pen registers, ESN readers, or similar equipment. (l) The department may conduct an audit of a designated law enforcement agency to ensure compliance with this article. If the department determines from the audit that the designated law enforcement agency is not in compliance with the policy adopted by the agency under Subsection (j), the department shall notify the agency in writing that it is not in compliance. If the department determines that the agency still is not in compliance with the policy 90 days after the date the agency receives written notice under this subsection, the agency loses the authority granted by this article until: (1) the agency adopts a new written policy governing the application of this article to the agency; and (2) the department approves the written policy. (m) The sheriff or chief of a designated law enforcement agency shall submit to the director of the department a written report of expenditures made by the designated law enforcement agency for the purchase and maintenance of a pen register, ESN reader, or similar equipment, authorized pursuant to Subsection (i). The director of the department shall report such expenditures publicly on an annual basis via the department's website, or other comparable means. Emergency Installation and Use Of Pen Register Or Trap and Trace Device Sec. 3. (a) A peace officer authorized to possess, install, operate, or monitor a device under Section 8A, Article 18.20, may install and use a pen register or trap and trace 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 the installation of a pen register or trap and trace device before an order authorizing the installation and use can, with due diligence, be obtained under this article; and (2) reasonably believes there are sufficient grounds under this article on which to obtain an order authorizing the installation and use of a pen register or trap and trace device. (b) If an officer installs or uses a pen register or trap and trace device under Subsection (a), 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 use of the device begins, whichever occurs first, obtain an order under Section 2 authorizing the installation and use. (c) A judge may issue an order authorizing the installation and use of a device under this section during the 48-hour period prescribed by Subsection (b)(2). If an order is denied or is not issued within the 48-hour period, the officer shall terminate use of and remove the pen register or the trap and trace device promptly on the earlier of the denial or the expiration of 48 hours. (d) The state may not use as evidence in a criminal proceeding any information gained through the use of a pen register or trap and trace device installed under this section if an authorized peace officer does not apply for or applies for but does not obtain authorization for the pen register or trap and trace device. Requirements for government access to stored communications Sec. 4. (a) An authorized peace officer may require a provider of electronic communications service to disclose the contents of an electronic communication that has been in electronic storage for not longer than 180 days by obtaining a warrant. (b) An authorized peace officer may require a provider of electronic communications service to disclose the contents of an electronic communication that has been in electronic storage for longer than 180 days: (1) if notice is not being given to the subscriber or customer, by obtaining a warrant; (2) if notice is being given to the subscriber or customer, by obtaining: (A) an administrative subpoena authorized by statute; (B) a grand jury subpoena; or (C) a court order issued under Section 5 of this article; or (3) as otherwise permitted by applicable federal law. (c)(1) An authorized peace officer may require a provider of a remote computing service to disclose the contents of an electronic communication as described in Subdivision (2) of this subsection: (A) if notice is not being given to the subscriber or customer, by obtaining a warrant issued under this code; (B) if notice is being given to the subscriber or customer, by: (i) an administrative subpoena authorized by statute; (ii) a grand jury subpoena; or (iii) a court order issued under Section 5 of this article; or (C) as otherwise permitted by applicable federal law. (2) Subdivision (1) of this subsection applies only to an electronic communication that is in electronic storage: (A) on behalf of a subscriber or customer of the service and is received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from the subscriber or customer; and (B) solely for the purpose of providing storage or computer processing services to the subscriber or customer if the provider of the service is not authorized to obtain access to the contents of those communications for purposes of providing any service other than storage or computer processing. (d) An authorized peace officer may require a provider of remote computing service to disclose records or other information pertaining to a subscriber or customer of the service, other than communications described in Subsection (c) of this section, without giving the subscriber or customer notice: (1) by obtaining an administrative subpoena authorized by statute; (2) by obtaining a grand jury subpoena; (3) by obtaining a warrant; (4) by obtaining the consent of the subscriber or customer to the disclosure of the records or information; (5) by obtaining a court order under Section 5 of this article; or (6) as otherwise permitted by applicable federal law. (e) A provider of telephonic communications service shall disclose to an authorized peace officer, without any form of legal process, subscriber listing information, including name, address, and telephone number or similar access code that: (1) the service provides to others in the course of providing publicly available directory or similar assistance; or (2) is solely for use in the dispatch of emergency vehicles and personnel responding to a distress call directed to an emergency dispatch system or when the information is reasonably necessary to aid in the dispatching of emergency vehicles and personnel for the immediate prevention of death, personal injury, or destruction of property. (f) A provider of telephonic communications service shall provide an authorized peace officer with the name of the subscriber of record whose published telephone number is provided to the service by an authorized peace officer. Court order to obtain access to stored communications Sec. 5. (a) A court shall issue an order authorizing disclosure of contents, records, or other information of a wire or electronic communication held in electronic storage if the court determines that there is reasonable belief that the information sought is relevant to a legitimate law enforcement inquiry. (b) A court may grant a motion by the service provider to quash or modify the order issued under Subsection (a) of this section if the court determines that the information or records requested are unusually voluminous in nature or that compliance with the order would cause an undue burden on the provider. Backup preservation Sec. 6. (a) A subpoena or court order for disclosure of the contents of an electronic communication in a remote computing service under Section 4(c) of this article may require that the service provider to whom the request is directed create a copy of the contents of the electronic communications sought by the subpoena or court order for the purpose of preserving those contents. The service provider may not inform the subscriber or customer whose communications are being sought that the subpoena or court order has been issued. The |