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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain magistrates to issue certain |
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search warrants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.01(c), (d), and (i), Code of |
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Criminal Procedure, are amended to read as follows: |
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(c) A search warrant may not be issued under Article |
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18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this
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code] unless the sworn affidavit required by Subsection (b) [of
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this article] sets forth sufficient facts to establish probable |
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cause: (1) that a specific offense has been committed, (2) that the |
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specifically described property or items that are to be searched |
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for or seized constitute evidence of that offense or evidence that a |
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particular person committed that offense, and (3) that the property |
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or items constituting evidence to be searched for or seized are |
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located at or on the particular person, place, or thing to be |
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searched. Except as provided by Subsection [Subsections] (d) [and
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(i) of this article], any magistrate [only a judge of a municipal
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court of record or county court who is an attorney licensed by the
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State of Texas, statutory county court, district court, the Court
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of Criminal Appeals, or the Supreme Court] may issue warrants under |
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Article 18.02(10) [pursuant to Subdivision (10), Article 18.02 of
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this code]. |
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(d) Only the specifically described property or items set |
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forth in a search warrant issued under Article 18.02(10) |
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[Subdivision (10) of Article 18.02 of this code] or property, |
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items, or contraband enumerated in Articles 18.02(1)-(9) or (12) |
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[Subdivisions (1) through (9) or in Subdivision (12) of Article
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18.02 of this code] may be seized. A subsequent search warrant may |
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be issued under Article 18.02(10) [pursuant to Subdivision (10) of
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Article 18.02 of this code] to search the same person, place, or |
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thing subjected to a prior search under Article 18.02(10) |
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[Subdivision (10) of Article 18.02 of this code] only if the |
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subsequent search warrant is issued by a magistrate other than the |
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magistrate who issued the prior search warrant [judge of a district
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court, a court of appeals, the court of criminal appeals, or the
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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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Article 18.02(12) [Subdivision (10) or Subdivision (12) of Article
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18.02 of this code. This subsection is not applicable to a
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subsequent search warrant under Subdivision (10) of Article 18.02
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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 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 date |
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of this Act is governed by the law in effect on the date the warrant |
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was issued, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |