78R334 JMC-D

By:  Hupp                                                         H.B. No. 144



A BILL TO BE ENTITLED

AN ACT

relating to duties imposed on a peace officer after performing a 
search.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 18.06, Code of Criminal Procedure, is 
amended by adding Subsection (c) to read as follows:
	(c)  After completing a search, the officer executing the 
warrant shall make a reasonable effort to return the place searched 
to the condition the place was in immediately before the search.  
This subsection does not prohibit an officer from removing property 
from the place as permitted by this chapter or require the officer 
to take an action that would interfere with:
		(1)  a subsequent examination of the place conducted 
for purposes of a criminal investigation; or
		(2)  the officer's performance of another law 
enforcement duty, if exigent circumstances require the officer to 
immediately perform that duty.
	SECTION 2.   Chapter 2, Code of Criminal Procedure, is 
amended by adding Article 2.139 to read as follows:
	Art. 2.139.  DUTIES RELATED TO CERTAIN SEARCHES. The 
provisions of Article 18.06(c) relating to the duties of a peace 
officer after the officer executes a search warrant apply to a peace 
officer who performs a search without a warrant in the same manner 
as if the officer were executing a warrant.
	SECTION 3.   Article 38.23, Code of Criminal Procedure, is 
amended by adding Subsection (c) to read as follows:
	(c)  A peace officer who after completing a search fails to 
comply with Article 2.139 or 18.06(c) has not by that failure 
obtained evidence in violation of the laws of this state.
	SECTION 4.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.