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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 or justice of the peace to |
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issue a search warrant to collect a blood specimen from a person |
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arrested for certain 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 (j) and adding Subsection (k) to |
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read as follows: |
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(j) Any magistrate who is an attorney licensed by this state |
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may issue a search warrant under Article 18.02(a)(10) [18.02(10)] |
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to collect a blood specimen from a person who: |
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(1) is arrested for an offense under Section 49.04, |
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49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and |
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(2) refuses to submit to a breath or blood alcohol |
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test. |
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(k) Notwithstanding Subsections (i) and (j), a justice of |
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the peace may issue a search warrant under Article 18.02(a)(10) to |
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collect a blood specimen from a person who is arrested for an |
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offense listed in Subsection (j)(1) if: |
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(1) another magistrate described by Subsection (i) or |
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(j) is unavailable and unreachable; or |
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(2) exigent circumstances exist. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. This Act takes effect September 1, 2019. |