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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of certain search warrants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.01(i), Code of Criminal Procedure, is |
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amended to read as follows: |
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(i)(1) Any magistrate may issue a search warrant under |
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Subdivision (10) or (12) of Article 18.02 in [In] a county: |
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(A) in which: |
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(i) the only judge serving the county who is |
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a licensed attorney is a district judge whose district includes |
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more than one county; or |
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(ii) [in which] the only judges serving the |
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county who are licensed attorneys are two or more district judges |
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each of whose district includes more than one county; or |
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(B) that does not have a judge of a municipal |
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court of record who is an attorney licensed by the state, a county |
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court judge who is an attorney licensed by the state, or a statutory |
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county court judge[, any magistrate may issue a search warrant
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under Subdivision (10) or Subdivision (12) of Article 18.02 of this
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code]. |
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(2) Subsection (i)(1)(B) does not apply [This section
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is not applicable] to a subsequent search warrant under Subdivision |
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(10) of Article 18.02 of this code. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a warrant issued on or after the effective date of this Act. |
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(b) A warrant issued before the effective date of this Act |
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is covered by the law in effect when the warrant was issued, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |