By Sibley                                        S.B. No. 224

      75R141 DD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of county judges to issue certain search

 1-3     warrants.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Articles 18.01(c) and (h), Code of Criminal

 1-6     Procedure, are amended to read as 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. Except

1-17     as provided by Subsections (d) and (i) of this article, only a

1-18     judge of a municipal court of record or county court 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           (h)  Except as provided by Subsection (i) of this article, a

1-24     warrant under Subdivision (12), Article  18.02 may only be issued

 2-1     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.