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A BILL TO BE ENTITLED
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AN ACT
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relating to search warrants issued to obtain a DNA specimen through |
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a buccal swab or another method. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A search warrant may be issued to search for and seize: |
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(1) property acquired by theft or in any other manner |
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which makes its acquisition a penal offense; |
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(2) property specially designed, made, or adapted for |
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or commonly used in the commission of an offense; |
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(3) arms and munitions kept or prepared for the |
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purposes of insurrection or riot; |
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(4) weapons prohibited by the Penal Code; |
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(5) gambling devices or equipment, altered gambling |
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equipment, or gambling paraphernalia; |
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(6) obscene materials kept or prepared for commercial |
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distribution or exhibition, subject to the additional rules set |
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forth by law; |
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(7) a drug, controlled substance, immediate |
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precursor, chemical precursor, or other controlled substance |
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property, including an apparatus or paraphernalia kept, prepared, |
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or manufactured in violation of the laws of this state; |
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(8) any property the possession of which is prohibited |
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by law; |
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(9) implements or instruments used in the commission |
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of a crime; |
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(10) property or items, including a DNA specimen |
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obtained through a buccal swab or otherwise, except the personal |
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writings by the accused, constituting evidence of an offense or |
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constituting evidence tending to show that a particular person |
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committed an offense; |
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(11) persons; |
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(12) contraband subject to forfeiture under Chapter 59 |
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of this code; or |
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(13) electronic customer data held in electronic |
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storage, including the contents of and records and other |
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information related to a wire communication or electronic |
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communication held in electronic storage. |
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SECTION 2. The change in law made by this Act applies to a |
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search warrant issued before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |