BILL ANALYSIS S.B. 1349 By: Montford Criminal Justice 04-06-95 Committee Report (Unamended) BACKGROUND Search warrants issued under Subdivision (10) of Article 18.02 of the Code of Criminal Procedure, are known as "evidentiary search warrants." Evidentiary search warrants are used to get blood and tissue samples for use in DNA testing. Evidentiary search warrants may also be used to search for evidence other than illegal drugs, weapons used in committing crimes, or other contraband. Search warrants for illegal drugs, weapons used in the commission of an offense, or other contraband are provided for by the first nine subdivisions of Article 18.02. Article 18.01(d) prohibits the issuance of a subsequent evidentiary search warrant. Thus, in cases where an original blood or tissue sample was taken prior to the advent of DNA testing, police are prevented from obtaining a subsequent sample from the suspect for testing. Likewise, in cases where a blood or tissue sample was originally taken but lost, destroyed, or is simply inadequate for testing, police cannot obtain additional samples. No such limitation on the issuance of subsequent warrants exists for warrants issued under the first nine subdivisions of Article 18.02. PURPOSE As proposed, S.B. 1349 deletes the provision prohibiting subsequent search warrants from being issued to search the same person, place or thing subjected to a prior search. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (d), Article 18.01, Code of Criminal Procedure, to delete the provision prohibiting subsequent search warrants from being issued pursuant to Subdivision (10) of Article 18.02 of this code to search the same person, place or thing subjected to a prior search under Subdivision (10) of Article 18.02 of this code. SECTION 2. Makes application of this Act retroactive. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.