By Capelo                                              H.B. No. 619
         77R2714 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, and
1-14     the magistrate's clerk shall make a copy of the affidavit available
1-15     for public inspection in the clerk's office during normal business
1-16     hours.
1-17           (c)  A search warrant may not be issued pursuant to
1-18     Subdivision (10) of Article 18.02 of this code unless the [sworn]
1-19     affidavit required by Subsection (b) of this article sets forth
1-20     sufficient facts to establish probable cause:  (1) that a specific
1-21     offense has been committed, (2) that the specifically described
1-22     property or items that are to be searched for or seized constitute
1-23     evidence of that offense or evidence that a particular person
1-24     committed that offense, and (3) that the property or items
 2-1     constituting evidence to be searched for or seized are located at
 2-2     or on the particular person, place, or thing to be searched.
 2-3     Except as provided by Subsections (d) and (i) of this article, only
 2-4     a judge of a municipal court of record or county court who is an
 2-5     attorney licensed by the State of Texas, statutory county court,
 2-6     district court, the Court of Criminal Appeals, or the Supreme Court
 2-7     may issue warrants pursuant to Subdivision (10), Article 18.02, of
 2-8     this code.
 2-9           (f)  A search warrant may not be issued pursuant to Article
2-10     18.021 of this code unless the [sworn] affidavit required by
2-11     Subsection (b) of this article sets forth sufficient facts to
2-12     establish probable cause:
2-13                 (1)  that a specific offense has been committed;
2-14                 (2)  that a specifically described person has been a
2-15     victim of the offense;
2-16                 (3)  that evidence of the offense or evidence that a
2-17     particular person committed the offense can be detected by
2-18     photographic means; and
2-19                 (4)  that the person to be searched for and
2-20     photographed is located at the particular place to be searched.
2-21           (g)  A search warrant may not be issued under Subdivision
2-22     (12), Article 18.02, of this code unless the [sworn] affidavit
2-23     required by Subsection (b) of this article sets forth sufficient
2-24     facts to establish probable cause that a specific felony offense
2-25     has been committed and that the specifically described property or
2-26     items that are to be searched for or seized constitute contraband
2-27     as defined in Article 59.01 of this code and are located at or on
 3-1     the particular person, place, or thing to be searched.
 3-2           SECTION 2.  This Act takes effect immediately if it receives
 3-3     a vote of two-thirds of all the members elected to each house, as
 3-4     provided by Section 39, Article III, Texas Constitution.  If this
 3-5     Act does not receive the vote necessary for immediate effect, this
 3-6     Act takes effect September 1, 2001.