S.B. No. 1349
AN ACT
1-1 relating to subsequent evidentiary search warrants.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsections (c), (d), and (i), Article 18.01,
1-4 Code of Criminal Procedure, are amended to read as follows:
1-5 (c) A search warrant may not be issued pursuant to
1-6 Subdivision (10) of Article 18.02 of this code unless the sworn
1-7 affidavit required by Subsection (b) of this article sets forth
1-8 sufficient facts to establish probable cause: (1) that a specific
1-9 offense has been committed, (2) that the specifically described
1-10 property or items that are to be searched for or seized constitute
1-11 evidence of that offense or evidence that a particular person
1-12 committed that offense, and (3) that the property or items
1-13 constituting evidence to be searched for or seized are located at
1-14 or on the particular person, place, or thing to be searched.
1-15 Except as provided by Subsections (d) and <Subsection> (i) of this
1-16 article, only a judge of a municipal court of record who is an
1-17 attorney licensed by the State of Texas, statutory county court,
1-18 district court, the Court of Criminal Appeals, or the Supreme Court
1-19 may issue warrants pursuant to Subdivision (10), Article 18.02 of
1-20 this code.
1-21 (d) Only the specifically described property or items set
1-22 forth in a search warrant issued under Subdivision (10) of Article
1-23 18.02 of this code or property or items enumerated in Subdivisions
2-1 (1) through (9) of Article 18.02 of this code may be seized. A
2-2 subsequent <Subsequent> search warrant <warrants> may <not> be
2-3 issued pursuant to Subdivision (10) of Article 18.02 of this code
2-4 to search the same person, place, or thing subjected to a prior
2-5 search under Subdivision (10) of Article 18.02 of this code only if
2-6 the subsequent search warrant is issued by a judge of a district
2-7 court, a court of appeals, the court of criminal appeals, or the
2-8 supreme court.
2-9 (i) In a county in which the only judge serving the county
2-10 who is a licensed attorney is a district judge whose district
2-11 includes more than one county, any magistrate may issue a search
2-12 warrant under Subdivision (10) or Subdivision (12) of Article 18.02
2-13 of this code. This section is not applicable to a subsequent
2-14 search warrant under Subdivision (10) of Article 18.02 of this
2-15 code.
2-16 SECTION 2. The change in law made by this Act applies
2-17 regardless of whether a search warrant under Subdivision (10),
2-18 Article 18.02, Code of Criminal Procedure, was issued before, on,
2-19 or after the effective date of this Act.
2-20 SECTION 3. This Act takes effect September 1, 1995.
2-21 SECTION 4. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.