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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a magistrate to issue a search warrant |
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to collect a blood specimen from a person arrested for 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 amending Subsection (c) and adding Subsection (k) to |
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read as follows: |
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(c) A search warrant may not be issued under Article |
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18.02(10) unless the sworn affidavit required by Subsection (b) |
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sets forth sufficient facts to establish probable cause: (1) that a |
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specific offense has been committed, (2) that the specifically |
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described property or items that are to be searched for or seized |
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constitute evidence of that offense or evidence that a particular |
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person committed that offense, and (3) that the property or items |
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constituting evidence to be searched for or seized are located at or |
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on the particular person, place, or thing to be searched. Except as |
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provided by Subsections (d), (i), [and] (j), and (k), only a judge |
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of a municipal court of record or a county court who is an attorney |
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licensed by the State of Texas, a statutory county court judge, a |
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district court judge, a judge of the Court of Criminal Appeals, |
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including the presiding judge, a justice of the Supreme Court of |
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Texas, including the chief justice, or a magistrate with |
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jurisdiction over criminal cases serving a district court may issue |
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warrants under Article 18.02(10). |
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(k) In addition to the magistrates authorized by Subsection |
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(j) to issue search warrants to collect blood specimens from |
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persons described by Subsection (j), a justice of the peace who is |
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not an attorney licensed by this state may issue search warrants to |
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collect those blood specimens if the justice of the peace serves in |
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a county with a population of 30,000 or less and is authorized to |
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issue those warrants by the commissioners court of that county. |
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SECTION 2. This Act takes effect September 1, 2017. |