| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to extending the length of time for which an affidavit |
|
|
establishing probable cause for a search warrant may be sealed. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 18.011, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
|
(b-1), (b-2), and (b-3) to read as follows: |
|
|
(a) An attorney representing the state in the prosecution of |
|
|
felonies may request a district judge or the judge of an appellate |
|
|
court to seal an affidavit presented under Article 18.01(b). The |
|
|
judge may order the affidavit sealed if the attorney establishes a |
|
|
compelling state interest in that: |
|
|
(1) public disclosure of the affidavit would |
|
|
jeopardize the safety of a victim, witness, or confidential |
|
|
informant or cause the destruction of evidence; [or] |
|
|
(2) the suspect has not been apprehended or indicted |
|
|
and the affidavit contains information that, if released, may |
|
|
jeopardize the state's ability to apprehend the suspect or continue |
|
|
the investigation of the offense; or |
|
|
(3) the affidavit contains information obtained from a |
|
|
court-ordered wiretap that has not expired at the time the attorney |
|
|
representing the state requests the sealing of the affidavit. |
|
|
(b) Except as provided by Subsections (b-1) and (b-2), an |
|
|
[An] order sealing an affidavit under this article [section] |
|
|
expires on the 31st day after the date on which the search warrant |
|
|
for which the affidavit was presented is executed. |
|
|
(b-1) After an original order sealing an affidavit is issued |
|
|
under this article, an attorney representing the state in the |
|
|
prosecution of felonies may request, and a judge may grant, before |
|
|
the 31st day after the date on which the search warrant for which |
|
|
the affidavit was presented is executed, on a new finding of |
|
|
compelling state interest under Subsection (a), one 30-day |
|
|
extension of the original order. |
|
|
(b-2) After a 30-day extension is granted under Subsection |
|
|
(b-1), an attorney representing the state in the prosecution of |
|
|
felonies may request, and a judge may grant before the expiration of |
|
|
the extension on a new finding of compelling state interest under |
|
|
Subsection (a), an order sealing the affidavit until the earliest |
|
|
of: |
|
|
(1) the apprehension of the suspect; |
|
|
(2) the indictment of the suspect; or |
|
|
(3) the expiration of all limitations periods for all |
|
|
offenses with which the suspect could be charged as determined by |
|
|
the judge and stated in the order at the time the order sealing the |
|
|
affidavit is entered. |
|
|
(b-3) For orders granted under Subsection (b-2): |
|
|
(1) the court shall create and the court clerk shall |
|
|
make publicly accessible a notation that an order sealing an |
|
|
affidavit under Subsection (b-2) has been entered; and |
|
|
(2) any interested person may file with the court a |
|
|
motion to reconsider that order. |
|
|
SECTION 2. Article 18.011, Code of Criminal Procedure, as |
|
|
amended by this Act, applies only to an affidavit initially sealed |
|
|
under that article on or after the effective date of this Act. An |
|
|
affidavit sealed under Article 18.011, Code of Criminal Procedure, |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the affidavit was sealed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |