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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 in certain |
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counties. |
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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) In a county with a population of less than 100,000 [that
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does not have a judge of a municipal court of record who is an
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attorney licensed by the state, a county court judge who is an
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attorney licensed by the state, or a statutory county court judge], |
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any magistrate may issue a search warrant under Subdivision (10) or |
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Subdivision (12) of Article 18.02 of this code. This subsection is |
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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. 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 governed by |
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the law in effect on the date the warrant was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend HB 1507 (introduced version) as follows: |
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(1) On page 1, line 7, strike "(i) In" and substitute "(i) |
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(1) subject to subdivision (2), in [In]". |
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(2) On page 1, between lines 14 and 15, insert the |
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following: |
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(2) Before issuing a search warrant to which this subsection |
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applies, a magistrate who is not an attorney must complete an annual |
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training course of at least eight hours regarding the application |
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for and issuance of search warrants under Articles 18.02 (10) and |
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(12). |
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Christian |