83R22498 MAW-D
By: Wu H.B. No. 2227
Substitute the following for H.B. No. 2227:
By: Herrero C.S.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 magistrate may
accept a sworn statement that is provided by telephone or other
appropriate and reliable means of wire or electronic communication.
A magistrate or the magistrate's designee shall fully document a
sworn affidavit provided by telephone. A magistrate or the
magistrate's designee may electronically record and preserve 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.