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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 taking a blood |
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specimen from certain persons suspected of committing certain |
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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 adding Subsection (k) to read as follows: |
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(k)(1) An officer seeking a warrant under Article |
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18.02(a)(10) to collect a blood specimen from a person suspected of |
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committing an intoxication offense under Section 49.04, 49.045, |
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49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, may obtain the |
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warrant: |
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(A) from a magistrate with jurisdiction in the |
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county in which the suspect was stopped; or |
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(B) from a magistrate with jurisdiction in a |
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county contiguous to the county in which the suspect was stopped, |
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provided that the officer attempted and was unable to obtain a |
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warrant from a magistrate serving a criminal court in the county in |
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which the suspect was stopped. |
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(2) A warrant issued under Subdivision (1)(B) may be |
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executed only in the county from which the warrant was obtained. |
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(3) The requirement under Subdivision (1)(B) that an |
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officer attempt to obtain a warrant from a magistrate serving a |
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criminal court in the county in which the suspect was stopped does |
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not apply if: |
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(A) in the county in which the stop occurred: |
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(i) there is not a person described by |
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Section 724.017(a), Transportation Code, available to take the |
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specimen; or |
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(ii) a person described by Section |
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724.017(a) is available, but no place described by Section |
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724.017(a-1) is available; and |
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(B) in the contiguous county from which the |
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warrant is sought, a person described by Section 724.017(a) and a |
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place described by Section 724.017(a-1) are available. |
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(4) An officer may not obtain a warrant under |
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Subdivision (1)(B) if the officer previously applied for and was |
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denied a warrant under Subdivision (1)(A) or (1)(B) relating to the |
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same stop of the suspect. |
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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 September 1, 2015. |