By Combs, Greenberg H.B. No. 1901
74R6720 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a search warrant for certain property
1-3 or items.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 18.01(d), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (d) Only the specifically described property or items set
1-8 forth in a search warrant issued under Subdivision (10) of Article
1-9 18.02 of this code or property or items enumerated in Subdivisions
1-10 (1) through (9) of Article 18.02 of this code may be seized.
1-11 <Subsequent search warrants may not be issued pursuant to
1-12 Subdivision (10) of Article 18.02 of this code to search the same
1-13 person, place, or thing subjected to a prior search under
1-14 Subdivision (10) of Article 18.02 of this code.>
1-15 SECTION 2. (a) The change in law made by this Act applies
1-16 only to the issuance of a warrant for evidence of an offense
1-17 committed on or after the effective date of this Act. For purposes
1-18 of this section, an offense is committed before the effective date
1-19 of this Act if any element of the offense occurs before the
1-20 effective date.
1-21 (b) The issuance of a warrant for an offense committed
1-22 before the effective date of this Act is covered by the law in
1-23 effect when the offense was committed, and the former law is
1-24 continued in effect for this purpose.
2-1 (c) On and after the effective date of this Act, a warrant
2-2 may be issued under Article 18.01(d), Code of Criminal Procedure,
2-3 as amended by this Act, for property or items described by
2-4 Subdivision (10), Article 18.02, Code of Criminal Procedure,
2-5 regardless of whether before the effective date of this Act a
2-6 search warrant was issued under Article 18.01(d) to search the same
2-7 person, place, or thing.
2-8 SECTION 3. This Act takes effect September 1, 1995.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.