| 1 | 1 | | S.B. No. 743 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the time allowed for execution of a search warrant |
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| 6 | 6 | | issued to obtain a specimen for DNA analysis. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 18.07, Code of Criminal Procedure, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The time |
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| 11 | 11 | | allowed for the execution of a search warrant [shall be three whole |
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| 12 | 12 | | days], exclusive of the day of its issuance and of the day of its |
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| 13 | 13 | | execution, is: |
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| 14 | 14 | | (1) 15 whole days if the warrant is issued solely to |
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| 15 | 15 | | search for and seize specimens from a specific person for DNA |
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| 16 | 16 | | analysis and comparison, including blood and saliva samples; or |
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| 17 | 17 | | (2) three whole days if the warrant is issued for a |
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| 18 | 18 | | purpose other than that described by Subdivision (1). |
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| 19 | 19 | | (b) The magistrate issuing a search warrant under [the |
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| 20 | 20 | | provisions of] this chapter shall endorse on the [such] search |
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| 21 | 21 | | warrant the date and hour of its [the] issuance [of the same]. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to a search warrant that is issued on or after the effective date of |
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| 24 | 24 | | this Act. A search warrant that was issued before the effective |
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| 25 | 25 | | date of this Act is covered by the law in effect when the warrant was |
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| 26 | 26 | | issued, and the former law is continued in effect for that purpose. |
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| 27 | 27 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 28 | 28 | | ______________________________ ______________________________ |
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| 29 | 29 | | President of the Senate Speaker of the House |
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| 30 | 30 | | I hereby certify that S.B. No. 743 passed the Senate on |
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| 31 | 31 | | April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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| 32 | 32 | | the Senate concurred in House amendment on May 28, 2009, by the |
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| 33 | 33 | | following vote: Yeas 31, Nays 0. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Secretary of the Senate |
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| 36 | 36 | | I hereby certify that S.B. No. 743 passed the House, with |
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| 37 | 37 | | amendment, on May 20, 2009, by the following vote: Yeas 140, |
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| 38 | 38 | | Nays 0, one present not voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | Approved: |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Date |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Governor |
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