83R9939 MAW-D
By: Wu H.B. No. 2227
A BILL TO BE ENTITLED
AN ACT
relating to sworn affidavits provided to support the issuance of a
search warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(b), Code of Criminal Procedure, is
amended to read as follows:
(b)(1) No search warrant shall issue for any purpose in this
state unless sufficient facts are first presented to satisfy the
issuing magistrate that probable cause does in fact exist for its
issuance. A sworn affidavit setting forth substantial facts
establishing probable cause shall be provided [filed] in every
instance in which a search warrant is requested.
(2) For purposes of this article, a sworn statement
may be provided by telephone or other appropriate means. A
magistrate shall fully document a sworn affidavit provided by
telephone. A magistrate may electronically record any statement
communicated orally under this subdivision.
(3) Except as provided by Article 18.011, the
affidavit is public information if executed, and the magistrate's
clerk shall make a copy of the affidavit available for public
inspection in the clerk's office during normal business hours.
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 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 3. This Act takes effect September 1, 2013.