82R10813 NAJ-F
By: McClendon H.B. No. 3034
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) 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) unless the sworn affidavit required by Subsection (b)
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)[, (i),] and (j), any magistrate [only a
judge of a municipal court of record or a county court who is an
attorney licensed by the State of Texas, a statutory county court
judge, a district court judge, a judge of the Court of Criminal
Appeals, including the presiding judge, or a justice of the Supreme
Court of Texas, including the chief justice,] may issue warrants
under Article 18.02(10).
(i) In a county that does not have a 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(12) [Subdivision (10) or Subdivision (12) of Article
18.02 of this code. This subsection is not applicable to a
subsequent search warrant under Subdivision (10) of Article 18.02
of this code].
SECTION 2. Section 54.906(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case for
proceedings involving:
(1) a bond forfeiture;
(2) a pretrial motion;
(3) a postconviction writ of habeas corpus;
(4) an examining trial;
(5) the issuance of search warrants, including a
search warrant under Article 18.02(10), Code of Criminal
Procedure[, notwithstanding Article 18.01(c), Code of Criminal
Procedure];
(6) the setting of bonds;
(7) the arraignment of defendants; and
(8) any other matter the judge considers necessary and
proper, including a negotiated plea of guilty before the court.
SECTION 3. Section 54.908(a), Government Code, is amended
to read as follows:
(a) Except as limited by an order of referral, a magistrate
to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty for a misdemeanor from a
defendant charged with both misdemeanor and felony offenses;
(14) [notwithstanding Article 18.01(c), Code of
Criminal Procedure,] issue a search warrant under Article
18.02(10), Code of Criminal Procedure; and
(15) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
SECTION 4. 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 was issued before the effective date
of this Act is governed by the law in effect on the date the warrant
was issued, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.