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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of a search warrant and to the offense of |
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tampering with a governmental record consisting of a search |
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warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18.04. CONTENTS OF WARRANT. A search warrant issued |
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under this chapter shall be sufficient if it contains the following |
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requisites: |
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(1) that it run in the name of "The State of Texas"; |
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(2) that it identify, as near as may be, that which is |
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to be seized and name or describe, as near as may be, the person, |
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place, or thing to be searched; |
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(3) that it command any peace officer of the proper |
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county to search forthwith the person, place, or thing named; [and] |
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(4) that it be dated and signed by the magistrate; and |
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(5) that the magistrate's name appear in typewritten |
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form with the magistrate's signature. |
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SECTION 2. Article 18.021(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) In addition to the requirements of Subdivisions (1), |
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(4), and (5) [and (4)] of Article 18.04 of this code, a warrant |
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issued under this article shall identify, as near as may be, the |
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child to be located and photographed, shall name or describe, as |
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near as may be, the place or thing to be searched, and shall command |
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any peace officer of the proper county to search for and cause the |
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child to be photographed. |
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SECTION 3. Section 37.10(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) An offense under this section is a felony of the |
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third degree if it is shown on the trial of the offense that the |
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governmental record was: |
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(A) a public school record, report, or assessment |
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instrument required under Chapter 39, Education Code, data reported |
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for a school district or open-enrollment charter school to the |
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Texas Education Agency through the Public Education Information |
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Management System (PEIMS) described by Section 42.006, Education |
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Code, under a law or rule requiring that reporting, or a license, |
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certificate, permit, seal, title, letter of patent, or similar |
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document issued by government, by another state, or by the United |
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States, unless the actor's intent is to defraud or harm another, in |
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which event the offense is a felony of the second degree; |
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(B) a written report of a medical, chemical, |
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toxicological, ballistic, or other expert examination or test |
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performed on physical evidence for the purpose of determining the |
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connection or relevance of the evidence to a criminal action; [or] |
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(C) a written report of the certification, |
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inspection, or maintenance record of an instrument, apparatus, |
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implement, machine, or other similar device used in the course of an |
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examination or test performed on physical evidence for the purpose |
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of determining the connection or relevance of the evidence to a |
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criminal action; or |
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(D) a search warrant issued by a magistrate. |
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SECTION 4. (a) The changes in law made by this Act in |
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amending Articles 18.04 and 18.021(c), Code of Criminal Procedure, |
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apply to a search warrant issued on or after the effective date of |
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this Act. A search warrant issued before the effective date of this |
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Act is governed by the law in effect on the date the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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(b) The change in law made by this Act in adding Section |
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37.10(c)(2)(D), Penal Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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subsection, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |