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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
1-7 (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
2-17 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.