| 1 | 1 | | 81R10344 JSC-D |
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| 2 | 2 | | By: Christian H.B. No. 3151 |
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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 authority of certain justices of the peace to issue |
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| 8 | 8 | | a search warrant for a blood specimen from a person arrested for |
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| 9 | 9 | | certain intoxication offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 18.01, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by amending Subsection (c) and adding Subsection (j) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) A search warrant may not be issued under Article |
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| 15 | 15 | | 18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this |
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| 16 | 16 | | code] unless the sworn affidavit required by Subsection (b) [of |
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| 17 | 17 | | this article] sets forth sufficient facts to establish probable |
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| 18 | 18 | | cause: (1) that a specific offense has been committed, (2) that the |
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| 19 | 19 | | specifically described property or items that are to be searched |
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| 20 | 20 | | for or seized constitute evidence of that offense or evidence that a |
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| 21 | 21 | | particular person committed that offense, and (3) that the property |
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| 22 | 22 | | or items constituting evidence to be searched for or seized are |
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| 23 | 23 | | located at or on the particular person, place, or thing to be |
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| 24 | 24 | | searched. Except as provided by Subsections (d), [and] (i), and (j) |
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| 25 | 25 | | [of this article], only a judge of a municipal court of record or a |
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| 26 | 26 | | county court who is an attorney licensed by the State of Texas, a |
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| 27 | 27 | | statutory county court judge, a district court judge, a judge of the |
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| 28 | 28 | | Court of Criminal Appeals, including the presiding judge, or a |
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| 29 | 29 | | justice of the Supreme Court of Texas, including the chief justice, |
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| 30 | 30 | | may issue warrants under Article 18.02(10) [pursuant to Subdivision |
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| 31 | 31 | | (10), Article 18.02 of this code]. |
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| 32 | 32 | | (j) In a county with a population of 80,000 or less, any |
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| 33 | 33 | | justice of the peace may issue a search warrant under Article |
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| 34 | 34 | | 18.02(10) to collect a blood specimen from a person who is arrested |
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| 35 | 35 | | for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, |
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| 36 | 36 | | 49.07, or 49.08, Penal Code. |
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| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 38 | | to a search warrant issued on or after the effective date of this |
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| 39 | 39 | | Act. A search warrant issued before the effective date of this Act |
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| 40 | 40 | | is governed by the law in effect on the date the warrant was issued, |
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| 41 | 41 | | and the former law is continued in effect for that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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