77R9966 GWK-D                           
         By Hupp                                               H.B. No. 1501
         Substitute the following for H.B. No. 1501:
         By Hupp                                           C.S.H.B. No. 1501
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to duties imposed on a peace officer after performing a
 1-3     search.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 18.06, Code of Criminal Procedure, is
 1-6     amended by adding Subsection (c) to read as follows:
 1-7           (c)  After completing a search, the officer executing the
 1-8     warrant shall make a reasonable effort to return the place searched
 1-9     to the condition the place was in immediately before the search.
1-10     This subsection does not prohibit an officer from removing property
1-11     from the place as permitted by this chapter or require the officer
1-12     to take an action that would interfere with:
1-13                 (1)  a subsequent examination of the place conducted
1-14     for purposes of a criminal investigation; or
1-15                 (2)  the officer's performance of another law
1-16     enforcement duty, if exigent circumstances require the officer to
1-17     immediately perform that duty.
1-18           SECTION 2.  Chapter 2, Code of Criminal Procedure, is amended
1-19     by adding Article 2.131 to read as follows:
1-20           Art. 2.131.  DUTIES RELATED TO CERTAIN SEARCHES. The
1-21     provisions of Article 18.06(c) relating to the duties of a peace
1-22     officer after the officer executes a search warrant apply to a
1-23     peace officer who performs a search without a warrant in the same
1-24     manner as if the officer were executing a warrant.
 2-1           SECTION 3.  Article 38.23, Code of Criminal Procedure, is
 2-2     amended by adding Subsection (c) to read as follows:
 2-3           (c)  A peace officer who after completing a search fails to
 2-4     comply with Article 2.131 or 18.06(c) has not by that failure
 2-5     obtained evidence in violation of the laws of this state.
 2-6           SECTION 4.  This Act takes effect immediately if it receives
 2-7     a vote of two-thirds of all the members elected to each house, as
 2-8     provided by Section 39, Article III, Texas Constitution.  If this
 2-9     Act does not receive the vote necessary for immediate effect, this
2-10     Act takes effect September 1, 2001.