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.