INCHOATE OFFENSES Part 11

USE AND DISPOSITION OF APPLICATIONS AND ORDERS

SEALING OF APPLICATION OR ORDER.  

The judge shall seal each application made and order issued under this chapter.  

CUSTODY OF APPLICATIONS AND ORDERS.  

Custody of applications and orders issued under this chapter shall be wherever the judge directs. 

DISCLOSURE OF APPLICATION OR ORDER.  

An application made or order issued under this chapter may be disclosed only on a showing of good cause before a judge of competent jurisdiction. 

DESTRUCTION OF APPLICATION OR ORDER.  

An application made or order issued under this chapter may be destroyed only on or after the 10th anniversary of the date the application or order was sealed and only if the judge of competent jurisdiction for the administrative judicial region in which the application was made or the order was issued orders the destruction.

CREATION, USE, AND DISPOSITION OF RECORDINGS

CREATION OF RECORDINGS.  

The contents of a wire, oral, or electronic communication intercepted by means authorized by this chapter shall be recorded on tape, wire, or other comparable device in a way that protects the recording from editing or other alterations. 

DUPLICATION OF RECORDINGS.  

Recordings under Article 18A.451 may be duplicated for use or disclosure under Article 18A.351 for investigations. 

SEALING AND CUSTODY OF RECORDINGS.  

Immediately on the expiration of the period of an interception order and all extensions, if any, the recordings shall be:

– made available to the judge issuing the order;

–  sealed under the judge’s directions.

Custody of the recordings shall be wherever the judge orders. 

DESTRUCTION OF RECORDINGS.  

A recording under Article 18A.451 may be destroyed only on or after the 10th anniversary of the date of expiration of the interception order and the last extension, if any, and only if the judge of competent jurisdiction for the administrative judicial region in which the interception was authorized orders the destruction.  

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