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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 by certain |
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municipal courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.01(h) and (i), Code of Criminal |
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Procedure, are amended to read as follows: |
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(h) Except as provided by Subsection (i) [of this article], |
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a warrant under Subdivision (12), Article 18.02, [of this code] may |
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only be issued by: |
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(1) a judge of a municipal court [of record] who is an |
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attorney licensed by the state; |
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(2) a judge of a county court who is an attorney |
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licensed by the state; or |
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(3) a judge of a statutory county court, district |
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court, the court of criminal appeals, or the supreme court. |
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(i) In a county 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 under |
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Subdivision (10) or [Subdivision] (12), [of] Article 18.02 [of this
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code]. This subsection is not applicable to a subsequent search |
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warrant under Subdivision (10), [of] Article 18.02 [of this code]. |
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SECTION 2. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is covered by |
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the law in effect when the warrant was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |