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.