BILL ANALYSIS



C.S.S.B. 1349
By: Montford (Combs)
04-27-95
Committee Report (Substituted)


BACKGROUND

Currently, the State may not seek additional search warrants under
Article 18.02(10) to search the same person, place or thing for
evidence of a crime once an evidentiary search warrant has been
executed.  This is true regardless of whether probable cause exists
for the subsequent search.  This prohibition hinders the ability of
law enforcement in Texas from administering the criminal laws of
this state.

Current law prevents the State from seeking a second or subsequent
search warrant when:

     1. new evidence is uncovered after the execution of the first
     evidentiary search warrant is executed.  This might occur, for
     example, when a search has already been conducted for a sample
     of a person's blood and, subsequent to the search, additional
     forensic evidence is discovered which requires different or
     additional evidence from the same person for scientific
     comparison;

     2. through honest mistake or accident, a sample of blood or
     other such evidence is lost, contaminated, improperly
     extracted or otherwise rendered unusable and a new sample is
     required;

     3. new technology enables testing which was not available at
     the time that the initial evidentiary search warrant was
     executed.  This is especially critical given the rapidly
     developing technology of DNA testing;

     4. an initial evidentiary search warrant reveals evidence of
     a crime which was not anticipated or enumerated in the search
     warrant.

PURPOSE

If enacted, C.S.S.B. 1349 would allow the state to seek subsequent
evidentiary search warrants under Article 18.02(10), Code of
Criminal Procedure, only under limited circumstances.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.01, Code of Criminal Procedure
(SEARCH WARRANT), by amending Subsections (c), (d) and (i) as
follows:

     (c) Adds Subsection (d) to those excepted from the provisions
     of this section.

     (d) Allows for subsequent search warrants to be issued only if
     issued by certain court judges.

     (i) Makes section inapplicable to subsequent search warrants
     under Subdivision (10), Article 18.02, Code of Criminal
     Procedure.

SECTION 2.  Change in law made by this Act applies regardless of
whether a search warrant under Subdivision (10), Article 18.02,
Code of Criminal Procedure, was issued before, on, or after the
effective date of the Act.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

While the original bill amended only Subsection (d), Article 18.01,
Code of Criminal Procedure, the substitute amends Subsections (c),
(d), and (i).  Subsection (c) adds Subsection (d) to those excepted
from the provisions of this section.  Subsection (i) makes the
section inapplicable to subsequent search warrants under
Subdivision (10), Article 18.02, Code of Criminal Procedure. 

SUMMARY OF COMMITTEE ACTION

SB 1349 was considered by the full committee in a formal meeting on
April 27, 1995.  The committee considered a complete committee
substitute.  The substitute was adopted by a non-record vote.  SB
1349 was reported favorably as substituted, with the recommendation
that it do pass and be printed, by a record vote of 5 ayes, 1 nay,
0 pnv, and 3 absent.