84R909 MEW-F
 
  By: Davis of Harris H.B. No. 1496
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to search warrants issued to obtain a DNA specimen through
  a buccal swab or another method.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.02(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A search warrant may be issued to search for and seize:
               (1)  property acquired by theft or in any other manner
  which makes its acquisition a penal offense;
               (2)  property specially designed, made, or adapted for
  or commonly used in the commission of an offense;
               (3)  arms and munitions kept or prepared for the
  purposes of insurrection or riot;
               (4)  weapons prohibited by the Penal Code;
               (5)  gambling devices or equipment, altered gambling
  equipment, or gambling paraphernalia;
               (6)  obscene materials kept or prepared for commercial
  distribution or exhibition, subject to the additional rules set
  forth by law;
               (7)  a drug, controlled substance, immediate
  precursor, chemical precursor, or other controlled substance
  property, including an apparatus or paraphernalia kept, prepared,
  or manufactured in violation of the laws of this state;
               (8)  any property the possession of which is prohibited
  by law;
               (9)  implements or instruments used in the commission
  of a crime;
               (10)  property or items, including a DNA specimen
  obtained through a buccal swab or otherwise, except the personal
  writings by the accused, constituting evidence of an offense or
  constituting evidence tending to show that a particular person
  committed an offense;
               (11)  persons;
               (12)  contraband subject to forfeiture under Chapter 59
  of this code; or
               (13)  electronic customer data held in electronic
  storage, including the contents of and records and other
  information related to a wire communication or electronic
  communication held in electronic storage.
         SECTION 2.  The change in law made by this Act applies to a
  search warrant issued before, on, or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2015.