By Williams                                           H.B. No. 2044
         77R7375 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the temporary sealing of certain affidavits on which
 1-3     search warrants are based.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 18.01(b), Code of Criminal Procedure, is
 1-6     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.  A sworn affidavit setting forth substantial facts
1-11     establishing probable cause shall be filed in every instance in
1-12     which a search warrant is requested.  Except as provided by Article
1-13     18.011, the [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           SECTION 2.  Chapter 18, Code of Criminal Procedure, is
1-18     amended by adding Article 18.011 to read as follows:
1-19           Art. 18.011.  SEALING OF AFFIDAVIT.  (a)  An attorney
1-20     representing the state in the prosecution of felonies may request a
1-21     district judge or the  judge of an appellate court to seal an
1-22     affidavit presented under Article 18.01(b).  The judge may order
1-23     the affidavit sealed if the attorney establishes a compelling state
1-24     interest in that:
 2-1                 (1)  public disclosure of the affidavit would
 2-2     jeopardize the safety of a confidential informant or adversely
 2-3     affect a continuing investigation; or
 2-4                 (2)  the affidavit contains information obtained from a
 2-5     court-ordered wiretap that has not expired at the time  the
 2-6     attorney representing the state requests the sealing of the
 2-7     affidavit.
 2-8           (b)  An order sealing an affidavit under this section expires
 2-9     on the 31st day after the date on which the search warrant for
2-10     which the affidavit was presented is executed.  After an original
2-11     order sealing an affidavit is issued under this article, an
2-12     attorney representing the state in the prosecution of felonies may
2-13     request, and a judge may grant:
2-14                 (1)  on a new finding of compelling state interest, a
2-15     30-day extension of the original order; and
2-16                 (2)  during the extension, on another finding of
2-17     compelling state interest, one additional 30-day extension.
2-18           (c)  On the expiration of an order issued under Subsection
2-19     (b) and any extension, the affidavit must be unsealed.
2-20           (d)  An order issued under this section may not:
2-21                 (1)  prohibit the  disclosure of information relating
2-22     to the contents of a search warrant, the return of a search
2-23     warrant, or the inventory of property taken pursuant to a search
2-24     warrant; or
2-25                 (2)  affect the right of a defendant to discover the
2-26     contents of an affidavit.
2-27           SECTION 3.  This Act takes effect September 1, 2001, and
 3-1     applies only to a search warrant the affidavit for which is filed
 3-2     on or after that date.