BILL ANALYSIS |
C.S.H.B. 2227 |
By: Wu |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Current Texas law requires a sworn affidavit for a search warrant to be signed within the physical presence of a magistrate. Critics argue that obtaining a search warrant in person often creates issues for law enforcement because of the time-sensitive nature of the warrant. In an effort to modernize the warrant process, C.S.H.B. 2227 authorizes a magistrate to accept a sworn statement provided by other appropriate means, such as by phone or e-mail, enabling a warrant to be issued more readily when timeliness is necessary.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2227 amends the Code of Criminal Procedure to authorize a magistrate to accept a sworn statement that is provided by telephone or other appropriate and reliable means of wire or electronic communication for purposes of a sworn affidavit setting forth substantial facts establishing probable cause for the issuance of a search warrant. The bill requires a magistrate or the magistrate's designee to fully document a sworn affidavit provided by telephone and authorizes the magistrate or the designee to electronically record and preserve any statement communicated orally under the bill's provisions.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2227 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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