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A BILL TO BE ENTITLED
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AN ACT
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relating to sworn affidavits provided to support the issuance of a |
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search warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.01(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b)(1) No search warrant shall issue for any purpose in this |
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state unless sufficient facts are first presented to satisfy the |
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issuing magistrate that probable cause does in fact exist for its |
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issuance. A sworn affidavit setting forth substantial facts |
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establishing probable cause shall be provided [filed] in every |
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instance in which a search warrant is requested. |
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(2) For purposes of this article, a magistrate may |
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accept a sworn statement that is provided by telephone or other |
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appropriate and reliable means of wire or electronic communication. |
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A magistrate or the magistrate's designee shall fully document a |
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sworn affidavit provided by telephone. A magistrate or the |
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magistrate's designee may electronically record and preserve any |
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statement communicated orally under this subdivision. |
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(3) Except as provided by Article 18.011, the |
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affidavit is public information if executed, and the magistrate's |
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clerk shall make a copy of the affidavit available for public |
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inspection in the clerk's office during normal business hours. |
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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 |
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date of this Act is governed by the law in effect on the date the |
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warrant was issued, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |