HBA-NMO H.B. 3228 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3228 By: Capelo Criminal Jurisprudence 4/15/1999 Introduced BACKGROUND AND PURPOSE Current law requires that a sworn affidavit setting forth substantial facts establishing probable cause be filed in every instance in which a search warrant is requested. The law, however, does not allow the filing of an affidavit by an affiant who does not swear by taking the traditional oath which invokes the name of God. H.B. 3228 requires that an affidavit sworn to or affirmed by the affiant, rather than a sworn affidavit, setting forth substantial facts establishing probable cause be filed in every instance in which a search warrant is requested. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 18.01(b), (c), (f), and (g), Code of Criminal Procedure, to require that an affidavit sworn to or affirmed by the affiant, rather than a sworn affidavit, setting forth substantial facts establishing probable cause be filed in every instance in which a search warrant is requested. Makes conforming changes. SECTION 2.Emergency clause. Effective date: upon passage.