81R1671 KCR-D
By: Castro H.B. No. 430
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain magistrates to issue certain
search warrants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.01(c), (d), and (i), Code of
Criminal Procedure, are amended to read as follows:
(c) A search warrant may not be issued under Article
18.02(10) [pursuant to Subdivision (10) of Article 18.02 of this
code] unless the sworn affidavit required by Subsection (b) [of
this article] sets forth sufficient facts to establish probable
cause: (1) that a specific offense has been committed, (2) that the
specifically described property or items that are to be searched
for or seized constitute evidence of that offense or evidence that a
particular person committed that offense, and (3) that the property
or items constituting evidence to be searched for or seized are
located at or on the particular person, place, or thing to be
searched. Except as provided by Subsections (d) and (i) [of this
article], only a magistrate who is an attorney licensed by the state
[judge of a municipal court of record or county court who is an
attorney licensed by the State of Texas, statutory county court,
district court, the Court of Criminal Appeals, or the Supreme
Court] may issue warrants under Article 18.02(10) [pursuant to
Subdivision (10), Article 18.02 of this code].
(d) Only the specifically described property or items set
forth in a search warrant issued under Article 18.02(10)
[Subdivision (10) of Article 18.02 of this code] or property,
items, or contraband enumerated in Articles 18.02(1)-(9) or (12)
[Subdivisions (1) through (9) or in Subdivision (12) of Article
18.02 of this code] may be seized. A subsequent search warrant may
be issued under Article 18.02(10) [pursuant to Subdivision (10) of
Article 18.02 of this code] to search the same person, place, or
thing subjected to a prior search under Article 18.02(10)
[Subdivision (10) of Article 18.02 of this code] only if the
subsequent search warrant is issued by a magistrate other than the
magistrate who issued the prior search warrant [judge of a district
court, a court of appeals, the court of criminal appeals, or the
supreme court].
(i) In a county that does not have a magistrate [judge of a
municipal court of record who is an attorney licensed by the state,
a county court judge] who is an attorney licensed by the state, [or
a statutory county court judge,] any magistrate may issue a search
warrant under Article 18.02(10) or (12) [Subdivision (10) or
Subdivision (12) of Article 18.02 of this code]. This subsection
is not applicable to a subsequent search warrant under Article
18.02(10) [Subdivision (10) of Article 18.02 of this code].
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 is issued before the effective date
of this Act is governed by the law in effect on the date the warrant
was issued, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.