Texas Code of Criminal Procedure 18A.101 – Offenses for Which Interception Order May Be Issued
Terms Used In Texas Code of Criminal Procedure 18A.101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A judge of competent jurisdiction may issue an interception order only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of:
(1) a felony under any of the following provisions of the Health and Safety Code:
(A) Chapter 481, other than felony possession of marihuana;
(B) Chapter 483; or
(C) § 485.032;
(2) an offense under any of the following provisions of the Penal Code:
(A) § 19.02;
(B) § 19.03;
(C) § 20.03;
(D) § 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving rise to the proceeds involves the commission of an offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense under Title 5;
(G) § 38.11;
(H) § 43.04;
(I) § 43.041;
(J) § 43.05; or
(K) § 43.26; or
(3) an attempt, conspiracy, or solicitation to commit an offense listed in Subdivision (1) or (2).