By Williams H.B. No. 1108 76R5052 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the temporary sealing of certain affidavits on which 1-3 search warrants are based. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 18.01(b), Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 (b) No search warrant shall issue for any purpose in this 1-8 state unless sufficient facts are first presented to satisfy the 1-9 issuing magistrate that probable cause does in fact exist for its 1-10 issuance. A sworn affidavit setting forth substantial facts 1-11 establishing probable cause shall be filed in every instance in 1-12 which a search warrant is requested. The affidavit is public 1-13 information if executed, except as provided by Article 18.011. 1-14 SECTION 2. Chapter 18, Code of Criminal Procedure, is 1-15 amended by adding Article 18.011 to read as follows: 1-16 Art. 18.011. SEALING OF AFFIDAVIT. (a) An attorney 1-17 representing the state in the prosecution of felonies may request a 1-18 district judge or the judge of an appellate court to seal an 1-19 affidavit presented under Article 18.01(b). The judge may order 1-20 the affidavit sealed if the attorney establishes a compelling state 1-21 interest in that: 1-22 (1) public disclosure of the affidavit would 1-23 jeopardize the safety of a confidential informant or adversely 1-24 affect a continuing investigation; or 2-1 (2) the affidavit contains information obtained from a 2-2 court-ordered wiretap that has not expired at the time the 2-3 attorney representing the state requests the sealing of the 2-4 affidavit. 2-5 (b) An order sealing an affidavit under this section expires 2-6 on the 31st day after the date on which the search warrant for 2-7 which the affidavit was presented is executed. After an original 2-8 order sealing an affidavit is issued under this article, an 2-9 attorney representing the state in the prosecution of felonies may 2-10 request, and a judge may grant: 2-11 (1) on a new finding of compelling state interest, a 2-12 30-day extension of the original order; and 2-13 (2) during the extension, on another finding of 2-14 compelling state interest, one additional 30-day extension. 2-15 (c) On the expiration of an order issued under Subsection 2-16 (b) and any extension, the affidavit must be unsealed. 2-17 (d) An order issued under this section may not: 2-18 (1) prohibit the disclosure of information relating 2-19 to the contents of a search warrant, the return of a search 2-20 warrant, or the inventory of property taken pursuant to a search 2-21 warrant; or 2-22 (2) affect the right of a defendant to discover the 2-23 contents of an affidavit. 2-24 SECTION 3. This Act takes effect September 1, 1999, and 2-25 applies only to a search warrant the affidavit for which is filed 2-26 on or after that date. 2-27 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.