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