By Montford                                           S.B. No. 1349
          Substitute the following for S.B. No. 1349:
          By Talton                                         C.S.S.B. No. 1349
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to subsequent evidentiary search warrants.
    1-4        SECTION 1.  Article 18.01, Code of Criminal Procedure, is
    1-5  amended by amending Subsections (c), (d), and (i) to read as
    1-6  follows:
    1-7        (c)  A search warrant may not be issued pursuant to
    1-8  Subdivision (10) of Article 18.02 of this code unless the sworn
    1-9  affidavit required by Subsection (b) of this article sets forth
   1-10  sufficient facts to establish probable cause:  (1) that a specific
   1-11  offense has been committed, (2) that the specifically described
   1-12  property or items that are to be searched for or seized constitute
   1-13  evidence of that offense or evidence that a particular person
   1-14  committed that offense, and (3) that the property or items
   1-15  constituting evidence to be searched for or seized are located at
   1-16  or on the particular person, place, or thing to be searched.
   1-17  Except as provided by Subsections <Subsection> (d) and (i) of this
   1-18  article, only a judge of a municipal court of record who is an
   1-19  attorney licensed by the State of Texas, statutory county court,
   1-20  district court, the Court of Criminal Appeals, or the Supreme Court
   1-21  may issue warrants pursuant to Subdivision (10), Article 18.02 of
   1-22  this code.
   1-23        (d)  Only the specifically described property or items set
   1-24  forth in a search warrant issued under Subdivision (10) of Article
    2-1  18.02 of this code or property or items enumerated in Subdivisions
    2-2  (1) through (9) of Article 18.02 of this code may be seized.  A
    2-3  subsequent <Subsequent> search warrant <warrants> may <not> be
    2-4  issued pursuant to Subdivision (10) of Article 18.02 of this code
    2-5  to search the same person, place, or thing subjected to a prior
    2-6  search under Subdivision (10) of Article 18.02 of this code only if
    2-7  the subsequent search warrant is issued by a judge of a district
    2-8  court, a court of appeals, the court of criminal appeals, or the
    2-9  supreme court.
   2-10        (i)  In a county in which the only judge serving the county
   2-11  who is a licensed attorney is a district judge whose district
   2-12  includes more than one county, any magistrate may issue a search
   2-13  warrant under Subdivision (10) or Subdivision (12) of Article 18.02
   2-14  of this code.  This section is not applicable to a subsequent
   2-15  search warrant under Subdivision (10) of Article 18.02 of this
   2-16  Code.
   2-17        SECTION 2.  The change in law made by this Act applies
   2-18  regardless of whether a search warrant under Subdivision (10),
   2-19  Article 18.02, Code of Criminal Procedure, was issued before, on,
   2-20  or after the effective date of this Act.
   2-21        SECTION 3.  This Act takes effect September 1, 1995.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.