Relating to the authority of certain magistrates to issue certain search warrants.
Impact
If passed, HB 430 would alter existing procedures concerning the issuance of search warrants in Texas. Specifically, it clarifies the qualifications required for magistrates authorized to issue warrants, which is intended to prevent potential misuse of warrant authority. This amendment would apply to all search warrants issued after the law's effective date, which is scheduled for September 1, 2009. Existing search warrants issued prior to this date would remain governed by the law in effect at that time.
Summary
House Bill 430 seeks to amend Articles 18.01 of the Texas Code of Criminal Procedure, specifically addressing the authority of certain magistrates to issue search warrants. The bill establishes that only designated magistrates, chiefly those who are attorneys licensed to practice law in Texas, can issue warrants under specified provisions of the law. This ensures that warrants are authorized by individuals qualified to assess legal standards, thereby enhancing the integrity of the search warrant process.
Contention
The provisions of HB 430 may lead to discussions regarding the balance of power between various judicial and law enforcement entities. Supporters argue that the requirements for magistrates to be attorneys will enhance oversight and accountability in the issuing of search warrants, potentially reducing instances of unjust searches. Conversely, opponents may express concerns about the practicality of these changes, particularly in counties lacking sufficient magistrates who meet the new criteria, potentially hindering law enforcement operations in those areas.
Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Relating to the authority of a justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication criminal offenses.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for. Amends sec. 16226 of 1978 PA 368 (MCL 333.16226). TIE BAR WITH: HB 4121'23