By:  Wentworth                                         S.B. No. 919
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the temporary sealing of certain affidavits on which
 1-2     search warrants are based.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 18.01(b), Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           (b)  No search warrant shall issue for any purpose in this
 1-7     state unless sufficient facts are first presented to satisfy the
 1-8     issuing magistrate that probable cause does in fact exist for its
 1-9     issuance.  A sworn affidavit setting forth substantial facts
1-10     establishing probable cause shall be filed in every instance in
1-11     which a search warrant is requested.  The affidavit is public
1-12     information if executed, except as provided by Article 18.011.
1-13           SECTION 2.  Chapter 18, Code of Criminal Procedure, is
1-14     amended by adding Article 18.011 to read as follows:
1-15           Art. 18.011.  SEALING OF AFFIDAVIT.  (a)  An attorney
1-16     representing the state in the prosecution of felonies may request a
1-17     district judge or the judge of an appellate court to seal an
1-18     affidavit presented under Article 18.01(b).  The judge may order
1-19     the affidavit sealed if the attorney establishes a compelling state
1-20     interest in that:
1-21                 (1)  public disclosure of the affidavit would
1-22     jeopardize the safety of a confidential informant or adversely
 2-1     affect a continuing investigation; or
 2-2                 (2)  the affidavit contains information obtained from a
 2-3     court-ordered wiretap that has not expired at the time  the
 2-4     attorney representing the state requests the sealing of the
 2-5     affidavit.
 2-6           (b)  An order sealing an affidavit under this section expires
 2-7     on the 31st day after the date on which the search warrant for
 2-8     which the affidavit was presented is executed.  After an original
 2-9     order sealing an affidavit is issued under this article, an
2-10     attorney representing the state in the prosecution of felonies may
2-11     request, and a judge may grant:
2-12                 (1)  on a new finding of compelling state interest, a
2-13     30-day extension of the original order; and
2-14                 (2)  during the extension, on another finding of
2-15     compelling state interest, one additional 30-day extension.
2-16           (c)  On the expiration of an order issued under Subsection
2-17     (b) and any extension, the affidavit must be unsealed.
2-18           (d)  An order issued under this section may not:
2-19                 (1)  prohibit the  disclosure of information relating
2-20     to the contents of a search warrant, the return of a search
2-21     warrant, or the inventory of property taken pursuant to a search
2-22     warrant; or
2-23                 (2)  affect the right of a defendant to discover the
2-24     contents of an affidavit.
2-25           SECTION 3.  This Act takes effect September 1, 1999, and
2-26     applies only to a search warrant the affidavit for which is filed
 3-1     on or after that date.