By Hupp H.B. No. 1501 77R6382 GWK-D 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 return the place searched as near as possible to the 1-9 condition the place was in immediately before the search. This 1-10 subsection does not prohibit an officer from removing property from 1-11 the place as permitted by this chapter or require the officer to 1-12 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. This Act takes effect immediately if it receives 2-2 a vote of two-thirds of all the members elected to each house, as 2-3 provided by Section 39, Article III, Texas Constitution. If this 2-4 Act does not receive the vote necessary for immediate effect, this 2-5 Act takes effect September 1, 2001.