80R3700 JPL-D
  By: Williams S.B. No. 244
relating to the temporary sealing of certain affidavits on which
search warrants are based.
       SECTION 1.   Article 18.01(b), Code of Criminal Procedure,
is amended to read as follows:
       (b)  No search warrant shall issue for any purpose in this
state unless sufficient facts are first presented to satisfy the
issuing magistrate that probable cause does in fact exist for its
issuance. A sworn affidavit setting forth substantial facts
establishing probable cause shall be filed in every instance in
which a search warrant is requested. Except as provided by Article
18.011, the [The] affidavit is public information if executed, and
the magistrate's clerk shall make a copy of the affidavit available
for public inspection in the clerk's office during normal business
       SECTION 2.   Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.011 to read as follows:
       Art. 18.011.  SEALING OF AFFIDAVIT. (a) An attorney
representing the state in the prosecution of felonies may request a
district judge or the judge of an appellate court to seal an
affidavit presented under Article 18.01(b). The judge may order
the affidavit sealed if the attorney establishes a compelling state
interest in that:
             (1)  public disclosure of the affidavit would
jeopardize the safety of a confidential informant or adversely
affect a continuing investigation; or
             (2)  the affidavit contains information obtained from a
court-ordered wiretap that has not expired at the time the attorney
representing the state requests the sealing of the affidavit.
       (b)  An order sealing an affidavit under this section expires
on the 31st day after the date on which the search warrant for which
the affidavit was presented is executed. After an original order
sealing an affidavit is issued under this article, an attorney
representing the state in the prosecution of felonies may request,
and a judge may grant:
             (1)  on a new finding of compelling state interest, a
30-day extension of the original order; and
             (2)  during the extension, on another finding of
compelling state interest, one additional 30-day extension.
       (c)  On the expiration of an order issued under Subsection
(b) and any extension, the affidavit must be unsealed.
       (d)  An order issued under this section may not:
             (1)  prohibit the disclosure of information relating
to the contents of a search warrant, the return of a search warrant,
or the inventory of property taken pursuant to a search warrant; or
             (2)  affect the right of a defendant to discover the
contents of an affidavit.
       SECTION 3.  This Act applies only to an affidavit that is
presented under Article 18.01(b), Code of Criminal Procedure, as
amended by this Act, on or after the effective date of this Act. An
affidavit that is presented before the effective date of this Act is
covered by the law in effect at the time the affidavit was
presented, and the former law is continued in effect for that
       SECTION 4.  This Act takes effect September 1, 2007.