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