| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R12486 PEP-D | |
| 2 | 2 | By: Gutierrez H.B. No. 2133 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the time allowed for execution of a search warrant | |
| 8 | 8 | issued to obtain a specimen for DNA analysis. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Article 18.07, Code of Criminal Procedure, is | |
| 11 | 11 | amended to read as follows: | |
| 12 | 12 | Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The time | |
| 13 | 13 | allowed for the execution of a search warrant [shall be three whole | |
| 14 | 14 | days], exclusive of the day of its issuance and of the day of its | |
| 15 | 15 | execution, is: | |
| 16 | 16 | (1) 10 whole days if the warrant is issued solely to | |
| 17 | 17 | search for and seize specimens from a specific person for DNA | |
| 18 | 18 | analysis and comparison, including blood and saliva samples; or | |
| 19 | 19 | (2) three whole days if the warrant is issued for a | |
| 20 | 20 | purpose other than that described by Subdivision (1). | |
| 21 | 21 | (b) The magistrate issuing a search warrant under [the | |
| 22 | 22 | provisions of] this chapter shall endorse on the [such] search | |
| 23 | 23 | warrant the date and hour of its [the] issuance [of the same]. | |
| 24 | 24 | SECTION 2. The change in law made by this Act applies only | |
| 25 | 25 | to a search warrant that is issued on or after the effective date of | |
| 26 | 26 | this Act. A search warrant that was issued before the effective | |
| 27 | 27 | date of this Act is covered by the law in effect when the warrant was | |
| 28 | 28 | issued, and the former law is continued in effect for that purpose. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2009. |