(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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.01, eff. January 1, 2019.
ART.18A.001 | ART.18A.002 | ART.18A.051. | ART.18A.52. | ART.18A.053. | ART.18A.054. | ART.A.055. | ART.A101. | ART.A.102. | ART.A.103. | ART.18A.104 | ART.18A.105 | ART.18A.106 | ART. 18A.107. | ART. 18A.108. | ART. 18A.109. | ART. 18A.110. | ART. 18A.151. | ART. 18A.152. | ART. 18A.153. | ART. 18A.201. | ART. 18A.203. | ART. 18A.204. | ART. 18A.205. | ART. 18A.251. | ART. 18A.252. | ART. 18A.253. | ART. 18A.254. | ART. 18A.301. | ART. 18A.302. | ART. 18A.303. | ART. 18A.351. | ART. 18A.352. | ART. 18A.353. | ART. 18A.354. | ART. 18A.355. | ART. 18A.356. | ART. 18A.357. | ART. 18A.358. | ART. 18A.401. | ART. 18A.402. | ART. 18A.403. | ART. 18A.404. | ART. 18A.451. | ART. 18A.452. | ART. 18A.453. | ART. 18A.454. | ART. 18A.455. | ART. 18A.501. | ART. 18A.502. | ART. 18A.503. | ART. 18A.504. | ART. 18A.505. | ART. 18A.551. | ART. 18A.552. | ART. 18A.553.