(b) A prosecutor may file an application under this subchapter or under federal law on:
(1) the prosecutor's own motion; or
(2) the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
(c) A prosecutor must make an application personally and may not make the application through an assistant or other person acting on the prosecutor's behalf if the prosecutor:
(1) files an application on the prosecutor's own motion; or
(2) files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement office or agency.
(d) A prosecutor may make an application through an assistant or other person acting on the prosecutor's behalf if the prosecutor files an application for the installation and use of:
(1) a pen register, ESN reader, or similar equipment on the request of:
(A) an authorized peace officer who is commissioned by the department; or
(B) an authorized peace officer of a designated law enforcement office or agency; or
(2) a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the peace officer is commissioned by the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 1.02, eff. January 1, 2019.
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