1-1 By: Sibley S.B. No. 224
1-2 (In the Senate - Filed January 16, 1997; January 21, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 12, 1997, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 12, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of county judges to issue certain search
1-9 warrants.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (c) and (h), Article 18.01, Code of
1-12 Criminal Procedure, are amended to read as follows:
1-13 (c) A search warrant may not be issued pursuant to
1-14 Subdivision (10) of Article 18.02 of this code unless the sworn
1-15 affidavit required by Subsection (b) of this article sets forth
1-16 sufficient facts to establish probable cause: (1) that a specific
1-17 offense has been committed, (2) that the specifically described
1-18 property or items that are to be searched for or seized constitute
1-19 evidence of that offense or evidence that a particular person
1-20 committed that offense, and (3) that the property or items
1-21 constituting evidence to be searched for or seized are located at
1-22 or on the particular person, place, or thing to be searched.
1-23 Except as provided by Subsections (d) and (i) of this article, only
1-24 a judge of a municipal court of record or county court who is an
1-25 attorney licensed by the State of Texas, statutory county court,
1-26 district court, the Court of Criminal Appeals, or the Supreme Court
1-27 may issue warrants pursuant to Subdivision (10), Article 18.02 of
1-28 this code.
1-29 (h) Except as provided by Subsection (i) of this article, a
1-30 warrant under Subdivision (12), Article 18.02 of this code may
1-31 only be issued by:
1-32 (1) a judge of a municipal court of record who is an
1-33 attorney licensed by the state;
1-34 (2) a judge of a county court who is an attorney
1-35 licensed by the state; or
1-36 (3) a judge of a statutory county court, district
1-37 court, the court of criminal appeals, or the supreme court [may
1-38 issue a warrant under Subdivision (12), Article 18.02, of this
1-39 code].
1-40 SECTION 2. This Act takes effect September 1, 1997.
1-41 SECTION 3. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended.
1-46 * * * * *