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.