Relating to the time allowed for execution of a search warrant issued to obtain a specimen for DNA analysis.
Impact
The amendment to Article 18.07 of the Code of Criminal Procedure reflects a significant shift in the handling of search warrants in Texas. By extending the time frame, law enforcement agencies may be better positioned to conduct thorough and successful searches for DNA samples, which could prove crucial in solving crimes. The bill aims to balance the need for effective law enforcement with the rights of individuals under the law, ensuring that warrants are executed within a reasonable timeframe that still allows for the recovery of vital evidence.
Summary
House Bill 2133, introduced by Representative Gutierrez, modifies the time allowed for executing search warrants specifically for DNA analysis specimens. The bill increases the period from three days to ten days for search warrants that are issued solely for the purpose of collecting DNA specimens, including blood and saliva samples. This change is intended to enhance the effectiveness of law enforcement in obtaining critical evidence for criminal investigations, particularly in cases where timely collection is essential for DNA analysis.
Contention
While the bill primarily focuses on enhancing law enforcement capabilities regarding DNA evidence collection, there may be concerns about the implications of extending warrant execution periods. Critics might argue that longer durations could lead to potential abuses of power or oversights in adhering to proper legal standards when executing search warrants. The legislation could spark discussions about the balance between public safety and individual rights, with some advocacy groups possibly voicing opposition to any perceived encroachments on civil liberties.
Provisions
The bill stipulates that the new regulations apply only to search warrants issued on or after its effective date, September 1, 2009. This clause ensures that existing warrants will be governed by the laws in effect at their issuance, providing clarity and continuity in legal proceedings. Overall, HB2133 seeks to streamline the process for collecting DNA evidence while upholding critical legal protections.
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 capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes; authorizing civil penalties.
Relating to the execution of a warrant issued for certain releasees who violate a condition of parole or mandatory supervision related to the electronic monitoring of the releasee.
Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.