| 1 | 1 | | 84R909 MEW-F |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1496 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to search warrants issued to obtain a DNA specimen through |
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| 8 | 8 | | a buccal swab or another method. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 18.02(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A search warrant may be issued to search for and seize: |
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| 13 | 13 | | (1) property acquired by theft or in any other manner |
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| 14 | 14 | | which makes its acquisition a penal offense; |
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| 15 | 15 | | (2) property specially designed, made, or adapted for |
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| 16 | 16 | | or commonly used in the commission of an offense; |
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| 17 | 17 | | (3) arms and munitions kept or prepared for the |
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| 18 | 18 | | purposes of insurrection or riot; |
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| 19 | 19 | | (4) weapons prohibited by the Penal Code; |
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| 20 | 20 | | (5) gambling devices or equipment, altered gambling |
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| 21 | 21 | | equipment, or gambling paraphernalia; |
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| 22 | 22 | | (6) obscene materials kept or prepared for commercial |
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| 23 | 23 | | distribution or exhibition, subject to the additional rules set |
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| 24 | 24 | | forth by law; |
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| 25 | 25 | | (7) a drug, controlled substance, immediate |
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| 26 | 26 | | precursor, chemical precursor, or other controlled substance |
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| 27 | 27 | | property, including an apparatus or paraphernalia kept, prepared, |
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| 28 | 28 | | or manufactured in violation of the laws of this state; |
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| 29 | 29 | | (8) any property the possession of which is prohibited |
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| 30 | 30 | | by law; |
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| 31 | 31 | | (9) implements or instruments used in the commission |
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| 32 | 32 | | of a crime; |
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| 33 | 33 | | (10) property or items, including a DNA specimen |
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| 34 | 34 | | obtained through a buccal swab or otherwise, except the personal |
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| 35 | 35 | | writings by the accused, constituting evidence of an offense or |
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| 36 | 36 | | constituting evidence tending to show that a particular person |
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| 37 | 37 | | committed an offense; |
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| 38 | 38 | | (11) persons; |
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| 39 | 39 | | (12) contraband subject to forfeiture under Chapter 59 |
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| 40 | 40 | | of this code; or |
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| 41 | 41 | | (13) electronic customer data held in electronic |
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| 42 | 42 | | storage, including the contents of and records and other |
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| 43 | 43 | | information related to a wire communication or electronic |
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| 44 | 44 | | communication held in electronic storage. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies to a |
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| 46 | 46 | | search warrant issued before, on, or after the effective date of |
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| 47 | 47 | | this Act. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2015. |
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