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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) and (i), Code of Criminal |
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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) unless the sworn affidavit required by Subsection (b) |
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sets forth sufficient facts to establish probable cause: (1) that a |
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specific offense has been committed, (2) that the specifically |
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described property or items that are to be searched for or seized |
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constitute evidence of that offense or evidence that a particular |
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person committed that offense, and (3) that the property or items |
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constituting evidence to be searched for or seized are located at or |
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on the particular person, place, or thing to be searched. Except as |
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provided by Subsections (d)[, (i),] and (j), any magistrate [only a
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judge of a municipal court of record or a county court who is an
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attorney licensed by the State of Texas, a statutory county court
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judge, a district court judge, a judge of the Court of Criminal
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Appeals, including the presiding judge, or a justice of the Supreme
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Court of Texas, including the chief justice,] may issue warrants |
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under Article 18.02(10). |
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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. Section 54.906(a), Government Code, is amended |
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to read as follows: |
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(a) A judge may refer to a magistrate any criminal case for |
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proceedings involving: |
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(1) a bond forfeiture; |
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(2) a pretrial motion; |
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(3) a postconviction writ of habeas corpus; |
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(4) an examining trial; |
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(5) the issuance of search warrants, including a |
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search warrant under Article 18.02(10), Code of Criminal |
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Procedure[, notwithstanding Article 18.01(c), Code of Criminal
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Procedure]; |
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(6) the setting of bonds; |
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(7) the arraignment of defendants; and |
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(8) any other matter the judge considers necessary and |
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proper, including a negotiated plea of guilty before the court. |
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SECTION 3. Section 54.908(a), Government Code, is amended |
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to read as follows: |
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(a) Except as limited by an order of referral, a magistrate |
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to whom a case is referred may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) compel production of relevant evidence; |
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(4) rule on admissibility of evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) examine witnesses; |
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(7) swear witnesses for hearings; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) rule on a pretrial motion; |
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(11) recommend the rulings, orders, or judgment to be |
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made in a case; |
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(12) regulate proceedings in a hearing; |
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(13) accept a plea of guilty for a misdemeanor from a |
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defendant charged with both misdemeanor and felony offenses; |
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(14) [notwithstanding Article 18.01(c), Code of
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Criminal Procedure,] issue a search warrant under Article |
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18.02(10), Code of Criminal Procedure; and |
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(15) do any act and take any measure necessary and |
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proper for the efficient performance of the duties required by the |
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order of referral. |
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SECTION 4. 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 5. 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, 2011. |