73R6659 GWK-F
By Delisi H.B. No. 2313
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application for or issuance of search warrants by
1-3 means of an electronic or electromagnetic facsimile device.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 18, Code of Criminal Procedure, is
1-6 amended by adding Article 18.011 to read as follows:
1-7 Art. 18.011. APPLYING FOR OR ISSUING SEARCH WARRANT BY
1-8 FACSIMILE DEVICE. (a) A magistrate may accept a sworn affidavit
1-9 transmitted from a peace officer to the magistrate by electronic or
1-10 electromagnetic facsimile device if:
1-11 (1) the magistrate orally administers to the peace
1-12 officer the oath required for the sworn affidavit under Article
1-13 18.01 of this code; and
1-14 (2) the transmitted affidavit is signed by the peace
1-15 officer.
1-16 (b) A peace officer who transmits a sworn affidavit to a
1-17 magistrate by electronic or electromagnetic facsimile device under
1-18 Subsection (a) of this article shall deliver the original sworn
1-19 affidavit to the magistrate when the officer makes return of the
1-20 search warrant under Article 18.10 of this code.
1-21 (c) A magistrate may transmit to a peace officer by
1-22 electronic or electromagnetic facsimile device a search warrant
1-23 issued by the magistrate. Transmission of the signed search
1-24 warrant to a peace officer by electronic or electromagnetic
2-1 facsimile device is proof that the warrant was signed by the
2-2 magistrate.
2-3 (d) The Office of Court Administration of the Texas Judicial
2-4 System shall adopt standards for the paper quality and durability
2-5 of information transmitted by an electronic or electromagnetic
2-6 facsimile device.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.