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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a search warrant for a blood specimen |
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from certain persons arrested for certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.01, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (j) to |
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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 Subsections (d), [and] (i), and (j) |
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[of this article], only a judge of a municipal court of record or a |
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county court who is an attorney licensed by the State of Texas, a |
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statutory county court judge, a district court judge, a judge of the |
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Court of Criminal Appeals, including the presiding judge, or a |
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justice of the Supreme Court of Texas, including the chief justice, |
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may issue warrants under Article 18.02(10) [pursuant to Subdivision
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(10), Article 18.02 of this code]. |
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(j) Any magistrate who is an attorney licensed by this state |
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may issue a search warrant under Article 18.02(10) to collect a |
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blood specimen from a person who: |
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(1) is arrested for an offense under Section 49.04, |
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49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and |
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(2) refuses to submit to a breath or blood alcohol |
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test. |
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SECTION 2. The change in law made by this Act applies only |
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to a search warrant issued on or after the effective date of this |
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Act. A search warrant issued before the effective date of this Act |
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is governed by the law in effect on the date the warrant was issued, |
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and the former law is continued in effect for that 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. |