AN ACT
1-1 relating to the authority of county judges to issue certain search
1-2 warrants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (c) and (h), Article 18.01, Code of
1-5 Criminal Procedure, are amended to read as follows:
1-6 (c) A search warrant may not be issued pursuant to
1-7 Subdivision (10) of Article 18.02 of this code unless the sworn
1-8 affidavit required by Subsection (b) of this article sets forth
1-9 sufficient facts to establish probable cause: (1) that a specific
1-10 offense has been committed, (2) that the specifically described
1-11 property or items that are to be searched for or seized constitute
1-12 evidence of that offense or evidence that a particular person
1-13 committed that offense, and (3) that the property or items
1-14 constituting evidence to be searched for or seized are located at
1-15 or on the particular person, place, or thing to be searched.
1-16 Except as provided by Subsections (d) and (i) of this article, only
1-17 a judge of a municipal court of record or county court who is an
1-18 attorney licensed by the State of Texas, statutory county court,
1-19 district court, the Court of Criminal Appeals, or the Supreme Court
1-20 may issue warrants pursuant to Subdivision (10), Article 18.02 of
1-21 this code.
1-22 (h) Except as provided by Subsection (i) of this article, a
1-23 warrant under Subdivision (12), Article 18.02 of this code may
2-1 only be issued by:
2-2 (1) a judge of a municipal court of record who is an
2-3 attorney licensed by the state;
2-4 (2) a judge of a county court who is an attorney
2-5 licensed by the state; or
2-6 (3) a judge of a statutory county court, district
2-7 court, the court of criminal appeals, or the supreme court [may
2-8 issue a warrant under Subdivision (12), Article 18.02, of this
2-9 code].
2-10 SECTION 2. This Act takes effect September 1, 1997.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 224 passed the Senate on
February 26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 224 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor