Texas 2009 - 81st Regular

Texas House Bill HB430 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1671 KCR-D
2	2	By: Castro H.B. No. 430
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain magistrates to issue certain
8	8	search warrants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 18.01(c), (d), and (i), Code of
11	11	Criminal Procedure, are amended to read as follows:
12	12	(c) A search warrant may not be issued under Article
13	13	18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this
14	14	code] unless the sworn affidavit required by Subsection (b) [of
15	15	this article] sets forth sufficient facts to establish probable
16	16	cause: (1) that a specific offense has been committed, (2) that the
17	17	specifically described property or items that are to be searched
18	18	for or seized constitute evidence of that offense or evidence that a
19	19	particular person committed that offense, and (3) that the property
20	20	or items constituting evidence to be searched for or seized are
21	21	located at or on the particular person, place, or thing to be
22	22	searched. Except as provided by Subsections (d) and (i) [of this
23	23	article], only a magistrate who is an attorney licensed by the state
24	24	[judge of a municipal court of record or county court who is an
25	25	attorney licensed by the State of Texas, statutory county court,
26	26	district court, the Court of Criminal Appeals, or the Supreme
27	27	Court] may issue warrants under Article 18.02(10) [pursuant to
28	28	Subdivision (10), Article 18.02 of this code].
29	29	(d) Only the specifically described property or items set
30	30	forth in a search warrant issued under Article 18.02(10)
31	31	[Subdivision (10) of Article 18.02 of this code] or property,
32	32	items, or contraband enumerated in Articles 18.02(1)-(9) or (12)
33	33	[Subdivisions (1) through (9) or in Subdivision (12) of Article
34	34	18.02 of this code] may be seized. A subsequent search warrant may
35	35	be issued under Article 18.02(10) [pursuant to Subdivision (10) of
36	36	Article 18.02 of this code] to search the same person, place, or
37	37	thing subjected to a prior search under Article 18.02(10)
38	38	[Subdivision (10) of Article 18.02 of this code] only if the
39	39	subsequent search warrant is issued by a magistrate other than the
40	40	magistrate who issued the prior search warrant [judge of a district
41	41	court, a court of appeals, the court of criminal appeals, or the
42	42	supreme court].
43	43	(i) In a county that does not have a magistrate [judge of a
44	44	municipal court of record who is an attorney licensed by the state,
45	45	a county court judge] who is an attorney licensed by the state, [or
46	46	a statutory county court judge,] any magistrate may issue a search
47	47	warrant under Article 18.02(10) or (12) [Subdivision (10) or
48	48	Subdivision (12) of Article 18.02 of this code]. This subsection
49	49	is not applicable to a subsequent search warrant under Article
50	50	18.02(10) [Subdivision (10) of Article 18.02 of this code].
51	51	SECTION 2. The change in law made by this Act applies only
52	52	to a search warrant that is issued on or after the effective date of
53	53	this Act. A search warrant that is issued before the effective date
54	54	of this Act is governed by the law in effect on the date the warrant
55	55	was issued, and that law is continued in effect for that purpose.
56	56	SECTION 3. This Act takes effect September 1, 2009.