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.