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.