81R12486 PEP-D
By: Gutierrez H.B. No. 2133
A BILL TO BE ENTITLED
AN ACT
relating to the time allowed for execution of a search warrant
issued to obtain a specimen for DNA analysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The time
allowed for the execution of a search warrant [shall be three whole
days], exclusive of the day of its issuance and of the day of its
execution, is:
(1) 10 whole days if the warrant is issued solely to
search for and seize specimens from a specific person for DNA
analysis and comparison, including blood and saliva samples; or
(2) three whole days if the warrant is issued for a
purpose other than that described by Subdivision (1).
(b) The magistrate issuing a search warrant under [the
provisions of] this chapter shall endorse on the [such] search
warrant the date and hour of its [the] issuance [of the same].
SECTION 2. The change in law made by this Act applies only
to a search warrant that is issued on or after the effective date of
this Act. A search warrant that was issued before the effective
date of this Act is covered by the law in effect when the warrant was
issued, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.