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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 to issue a search warrant |
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to collect a blood specimen from a person arrested for certain |
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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 18.0216 to read as follows: |
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Art. 18.0216. ISSUANCE OF SEARCH WARRANT FOR CERTAIN |
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INTOXICATION OFFENSES. (a) Subject to Subsection (b), any |
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magistrate may issue a search warrant under Article 18.02(a)(10) to |
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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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(b) A magistrate who is not authorized by Article 18.01(c) |
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or (i) to issue a search warrant under Article 18.02(a)(10) may |
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issue a search warrant under Article 18.02(a)(10) to collect a |
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blood specimen as described by Subsection (a) only if: |
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(1) the applicant for a search warrant, or another |
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person at the direction of the applicant, attempts to contact a |
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magistrate authorized to issue the warrant under Article 18.01(c): |
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(A) by phone, at a number at which it is |
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reasonable to expect the magistrate to answer under the |
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circumstances, and the phone call is not answered by the magistrate |
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within a reasonable time; or |
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(B) by any other means for which there is a |
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reasonable expectation of establishing communication with the |
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magistrate, and contact with the magistrate has not been made |
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within five minutes of the first attempt at contact; or |
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(2) the county in which the magistrate serves assigns |
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consideration of warrants described by Subsection (a) on a rotating |
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or scheduled basis. |
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(c) Evidence obtained under a warrant issued by a magistrate |
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as authorized under Subsection (a) is not inadmissible in a |
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criminal action solely because the warrant was issued in violation |
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of Subsection (b). |
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SECTION 2. Article 18.01(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) A search warrant may not be issued under Article |
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18.02(a)(10) unless the sworn affidavit required by Subsection (b) |
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sets forth sufficient facts to establish probable cause: (1) that a |
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specific offense has been committed, (2) that the specifically |
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described property or items that are to be searched for or seized |
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constitute evidence of that offense or evidence that a particular |
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person committed that offense, and (3) that the property or items |
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constituting evidence to be searched for or seized are located at or |
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on the particular person, place, or thing to be searched. Except as |
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provided by Subsections (d) and[,] (i) of this article[,] and |
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Article 18.0216(a) [(j)], only a judge of a municipal court of |
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record or a county court who is an attorney licensed by the State of |
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Texas, a statutory county court judge, a district court judge, a |
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judge of the Court of Criminal Appeals, including the presiding |
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judge, a justice of the Supreme Court of Texas, including the chief |
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justice, or a magistrate with jurisdiction over criminal cases |
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serving a district court may issue warrants under Article |
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18.02(a)(10). |
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SECTION 3. Article 18.01(j), Code of Criminal Procedure, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2023. |