The bill, S.B. No. 1497, amends Article 18.0215(a) of the Code of Criminal Procedure to establish that a peace officer is prohibited from searching a person's cellular telephone or other wireless communications device without a warrant, even if the search is related to a lawful arrest. The new legal language clarifies that a "wireless communications device" does not include a "skimmer," as defined by Section 607.001 of the Business & Commerce Code.
This legislation aims to enhance the privacy rights of individuals by ensuring that law enforcement must obtain a warrant before accessing personal communications stored on wireless devices. The bill is set to take effect on September 1, 2025.