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AN ACT
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relating to the execution of a search warrant for taking a blood |
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specimen from certain persons in certain intoxication offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.067 to read as follows: |
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Art. 18.067. EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN |
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INTOXICATION OFFENSE. Notwithstanding any other law, a warrant |
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issued under Article 18.02(a)(10) to collect a blood specimen from |
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a person suspected of committing an intoxication offense under |
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Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal |
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Code, may be executed: |
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(1) in any county adjacent to the county in which the |
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warrant was issued; and |
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(2) by any law enforcement officer authorized to make |
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an arrest in the county of execution. |
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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. (a) Not later than three |
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whole days after executing a search warrant, the officer shall |
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return the search warrant. Upon returning the search warrant, the |
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officer shall state on the back of the same, or on some paper |
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attached to it, the manner in which the warrant has been executed. |
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The officer shall also 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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Except as otherwise provided by Subsection (b), the [The] property |
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may not be removed from the county in which it was seized without an |
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order approving the removal, issued by a magistrate in the county in |
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which the warrant was issued; provided, however, nothing herein |
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shall prevent the officer, or his department, from forwarding any |
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item or items seized to a laboratory for scientific analysis. |
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(b) For the purposes of complying with this article, |
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property seized pursuant to a warrant executed under Article 18.067 |
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may be removed from the county in which it was seized and returned |
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to the county in which the warrant was issued without a court order. |
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SECTION 3. The change in law made by this Act applies only |
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to a search warrant issued on or after the effective date of this |
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Act. A search warrant issued before the effective date of this Act |
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is governed by the law in effect on the date the warrant was issued, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1047 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1047 passed the House, with |
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amendment, on May 25, 2021, by the following vote: Yeas 144, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |