SRC-TAG S.B. 628 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 628
78R1634 PEP-FBy: Wentworth
Criminal Justice
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, a law enforcement officer has three days to execute a search
warrant, including taking DNA samples, excluding the day of issuance and
execution.  This time limit is set to ensure that a law enforcement
officer does not hold the warrant until there is probable cause; but, when
a law enforcement officer is issued a warrant for a biological sample,
probable cause is already established.  However,  in numerous cases the
suspect is able to evade the officer until the warrant runs out.
Consequently, the officer must go back to the court to obtain another
warrant. As proposed, S.B. 628 extends the period of time allowed to
execute a warrant from three to twenty days, if the warrant is issued
solely to seek DNA evidence. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.07, Code of Criminal Procedure, as follows:

Art.  18.07.  DAYS ALLOWED FOR WARRANT TO RUN.  (a)  Provides that the
time allowed for the execution of a search warrant, exclusive of the day
of its issuance and of the day of its execution, is 20 whole days if the
warrant is issued solely to search for and seize evidentiary items or
specimens for DNA analysis and comparison, including blood and saliva
samples; or three whole days if the warrant is issued for purpose other
than that described by Subdivision (1).  Deletes text stating that the
time allowed for the execution of a search warrant is three whole days.  

(b)  Requires the magistrate issuing a search warrant under this chapter
to endorse on the search warrant the date and hour of its issuance. 

SECTION 2.  Effective date: September 1, 2003.
                       Makes application of this Act prospective.