| 1 | 1 | | 81R4408 KCR-D |
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| 2 | 2 | | By: Kolkhorst H.B. No. 2034 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of certain search warrants by certain |
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| 8 | 8 | | municipal courts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 18.01(h) and (i), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (h) Except as provided by Subsection (i) [of this article], |
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| 13 | 13 | | a warrant under Subdivision (12), Article 18.02, [of this code] may |
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| 14 | 14 | | only be issued by: |
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| 15 | 15 | | (1) a judge of a municipal court [of record] who is an |
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| 16 | 16 | | attorney licensed by the state; |
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| 17 | 17 | | (2) a judge of a county court who is an attorney |
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| 18 | 18 | | licensed by the state; or |
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| 19 | 19 | | (3) a judge of a statutory county court, district |
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| 20 | 20 | | court, the court of criminal appeals, or the supreme court. |
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| 21 | 21 | | (i) In a county that does not have a judge of a municipal |
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| 22 | 22 | | court [of record] who is an attorney licensed by the state, a county |
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| 23 | 23 | | court judge who is an attorney licensed by the state, or a statutory |
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| 24 | 24 | | county court judge, any magistrate may issue a search warrant under |
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| 25 | 25 | | Subdivision (10) or [Subdivision] (12), [of] Article 18.02 [of this |
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| 26 | 26 | | code]. This subsection is not applicable to a subsequent search |
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| 27 | 27 | | warrant under Subdivision (10), [of] Article 18.02 [of this code]. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to a warrant issued on or after the effective date of this Act. A |
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| 30 | 30 | | warrant issued before the effective date of this Act is covered by |
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| 31 | 31 | | the law in effect when the warrant was issued, and the former law is |
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| 32 | 32 | | continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2009. |
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