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A BILL TO BE ENTITLED
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AN ACT
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relating to when search warrant affidavits become public |
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information. |
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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. 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. |