By Capelo H.B. No. 3228
76R9033 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the nature of an affidavit that may be filed in support
1-3 of the issuance of a search warrant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Articles 18.01(b), (c), (f), and (g), Code of
1-6 Criminal Procedure, are 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. An [A sworn] affidavit sworn to or affirmed by the
1-11 affiant setting forth substantial facts establishing probable cause
1-12 shall be filed in every instance in which a search warrant is
1-13 requested. The affidavit is public information if executed.
1-14 (c) A search warrant may not be issued pursuant to
1-15 Subdivision (10) of Article 18.02 of this code unless the [sworn]
1-16 affidavit required by Subsection (b) of this article sets forth
1-17 sufficient facts to establish probable cause: (1) that a specific
1-18 offense has been committed, (2) that the specifically described
1-19 property or items that are to be searched for or seized constitute
1-20 evidence of that offense or evidence that a particular person
1-21 committed that offense, and (3) that the property or items
1-22 constituting evidence to be searched for or seized are located at
1-23 or on the particular person, place, or thing to be searched.
1-24 Except as provided by Subsections (d) and (i) of this article, only
2-1 a judge of a municipal court of record or county court who is an
2-2 attorney licensed by the State of Texas, statutory county court,
2-3 district court, the Court of Criminal Appeals, or the Supreme Court
2-4 may issue warrants pursuant to Subdivision (10), Article 18.02 of
2-5 this code.
2-6 (f) A search warrant may not be issued pursuant to Article
2-7 18.021 of this code unless the [sworn] affidavit required by
2-8 Subsection (b) of this article sets forth sufficient facts to
2-9 establish probable cause:
2-10 (1) that a specific offense has been committed;
2-11 (2) that a specifically described person has been a
2-12 victim of the offense;
2-13 (3) that evidence of the offense or evidence that a
2-14 particular person committed the offense can be detected by
2-15 photographic means; and
2-16 (4) that the person to be searched for and
2-17 photographed is located at the particular place to be searched.
2-18 (g) A search warrant may not be issued under Subdivision
2-19 (12), Article 18.02, of this code unless the [sworn] affidavit
2-20 required by Subsection (b) of this article sets forth sufficient
2-21 facts to establish probable cause that a specific felony offense
2-22 has been committed and that the specifically described property or
2-23 items that are to be searched for or seized constitute contraband
2-24 as defined in Article 59.01 of this code and are located at or on
2-25 the particular person, place, or thing to be searched.
2-26 SECTION 2. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.