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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a search warrant to obtain or use certain |
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purchase information in a criminal action. |
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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 18.25 to read as follows: |
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Art. 18.25. WARRANT REQUIRED FOR USE OF CERTAIN PURCHASE |
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INFORMATION. (a) In this section, "firearm" has the meaning |
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assigned by Section 46.01, Penal Code. |
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(b) A search warrant is required to obtain or use, in a |
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criminal investigation or prosecution, a record of a bank account |
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or credit or debit card relating to the sale of a firearm or |
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ammunition. |
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(c) A search warrant under this article may be issued only |
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by a judge, including a judge of a statutory county court, in the |
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same judicial district as the site of the law enforcement agency |
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that employs the peace officer who is applying for the warrant. |
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(d) A judge may issue a search warrant under this article |
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only on the application of a peace officer. An application must be |
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in writing and signed and sworn to or affirmed before the judge. |
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The application must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the record to be searched for and seized; |
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(3) state the name of the individual whose activity is |
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described by the record; |
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(4) state the judicial district in which the law |
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enforcement agency that employs the peace officer is located; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) the record is likely to produce evidence in |
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the investigation of the criminal activity described in Paragraph |
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(A). |
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(e) A record acquired without a search warrant under this |
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article is not admissible in a criminal action. |
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SECTION 2. This Act takes effect September 1, 2025. |