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A BILL TO BE ENTITLED
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AN ACT
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relating to the return of executed search warrants and the public |
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availability of search warrant affidavits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.01(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) No search warrant shall issue for any purpose in this |
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state unless sufficient facts are first presented to satisfy the |
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issuing magistrate that probable cause does in fact exist for its |
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issuance. A sworn affidavit setting forth substantial facts |
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establishing probable cause shall be filed in every instance in |
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which a search warrant is requested. Except as provided by Article |
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18.011, the affidavit becomes [is] public information when the |
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search warrant for which the affidavit was presented is [if] |
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executed, and the magistrate's clerk shall make a copy of the |
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affidavit available for public inspection in the clerk's office |
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during normal business hours. |
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SECTION 2. Article 18.10, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18.10. HOW RETURN MADE. Not later than three whole |
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days after executing a search warrant, the officer shall return the |
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search warrant. Upon returning the search warrant, the officer |
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shall state on the back of the same, or on some paper attached to it, |
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the manner in which the warrant [it] has been executed. The officer |
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[and] shall also [likewise] deliver to the magistrate a copy of the |
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inventory of the property taken into his possession under the |
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warrant. The failure of an officer to make a timely return of an |
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executed search warrant or to submit an inventory of the property |
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taken into the officer's possession under the warrant does not bar |
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the admission of evidence under Article 38.23. The officer who |
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seized the property shall retain custody of it until the magistrate |
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issues an order directing the manner of safekeeping the property. |
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The property may not be removed from the county in which it was |
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seized without an order approving the removal, issued by a |
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magistrate in the county in which the warrant was issued; provided, |
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however, nothing herein shall prevent the officer, or his |
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department, from forwarding any item or items seized to a |
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laboratory for scientific analysis. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |