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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of certain search warrants by statutory |
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county court judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.01(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Only the specifically described property or items set |
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forth in a search warrant issued under Article 18.02(a)(10) or |
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property, items or contraband enumerated in Article 18.02(a)(1), |
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(2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A |
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subsequent search warrant may be issued pursuant to Article |
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18.02(a)(10) to search the same person, place, or thing subjected |
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to a prior search under Article 18.02(a)(10) only if the subsequent |
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search warrant is issued by a judge of a statutory county court, a |
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district court, a court of appeals, the court of criminal appeals, |
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or the supreme court. |
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SECTION 2. Article 18.0215(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A warrant under this article may be issued only by a |
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judge, including a judge of a statutory county court, in the same |
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judicial district as the site of: |
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(1) the law enforcement agency that employs the peace |
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officer, if the cellular telephone or other wireless communications |
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device is in the officer's possession; or |
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(2) the likely location of the telephone or device. |
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SECTION 3. The changes in law made by this Act apply only to |
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a search warrant issued on or after the effective date of this Act. |
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A search warrant issued before the effective date of this Act is |
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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, 2023. |