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AN ACT
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relating to the time allowed for execution of a search warrant |
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issued to obtain a specimen for DNA analysis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.07, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The time |
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allowed for the execution of a search warrant [shall be three whole
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days], exclusive of the day of its issuance and of the day of its |
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execution, is: |
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(1) 15 whole days if the warrant is issued solely to |
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search for and seize specimens from a specific person for DNA |
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analysis and comparison, including blood and saliva samples; or |
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(2) three whole days if the warrant is issued for a |
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purpose other than that described by Subdivision (1). |
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(b) The magistrate issuing a search warrant under [the
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provisions of] this chapter shall endorse on the [such] search |
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warrant the date and hour of its [the] issuance [of the same]. |
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SECTION 2. The change in law made by this Act applies only |
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to a search warrant that is issued on or after the effective date of |
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this Act. A search warrant that was issued before the effective |
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date of this Act is covered by the law in effect when the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 743 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 28, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 743 passed the House, with |
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amendment, on May 20, 2009, by the following vote: Yeas 140, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |