Texas 2015 - 84th Regular

Texas House Bill HB326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Wu, et al. (Senate Sponsor - Hall) H.B. No. 326
2		-	(In the Senate - Received from the House May 7, 2015;
3		-	May 11, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 326
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to information provided by electronic means in support of
12	6		the issuance of a search warrant.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Article 18.01, Code of Criminal Procedure, is
15	9		amended by adding Subsection (b-1) to read as follows:
16	10		(b-1)(1) For purposes of this article, a magistrate may
17	11		consider information communicated by telephone or other reliable
18	12		electronic means in determining whether to issue a search warrant.
19	13		The magistrate may examine an applicant for a search warrant and any
20	14		person on whose testimony the application is based. The applicant
21	15		or other person must be placed under oath before the examination.
22	16		(2) If an applicant for a search warrant attests to the
23	17		contents of an affidavit submitted by reliable electronic means,
24	18		the magistrate must acknowledge the attestation in writing on the
25	19		affidavit. If the magistrate considers additional testimony or
26	20		exhibits, the magistrate must:
27	21		(A) ensure that the testimony is recorded
28	22		verbatim by an electronic recording device, by a court reporter, or
29	23		in writing;
30	24		(B) ensure that any recording or reporter's notes
31	25		are transcribed and that the transcription is certified as accurate
32	26		and is preserved;
33	27		(C) sign, certify the accuracy of, and preserve
34	28		any other written record; and
35	29		(D) ensure that the exhibits are preserved.
36	30		(3) An applicant for a search warrant who submits
37	31		information as authorized by this subsection must prepare a
38	32		proposed duplicate original of the warrant and must read or
39	33		otherwise transmit its contents verbatim to the magistrate. A
40	34		magistrate must enter into an original search warrant the contents
41	35		of a proposed duplicate original that are read to the magistrate. If
42	36		the applicant transmits the contents by reliable electronic means,
43	37		the transmission received by the magistrate may serve as the
44	38		original search warrant.
45	39		(4) The magistrate may modify a search warrant that is
46	40		submitted as described by Subdivision (3). If the magistrate
47	41		modifies the warrant, the magistrate must:
48	42		(A) transmit the modified version to the
49	43		applicant by reliable electronic means; or
50	44		(B) file the modified original and direct the
51	45		applicant to modify the proposed duplicate original accordingly.
52	46		(5) A magistrate who issues a search warrant for which
53	47		information is provided by telephone or reliable electronic means
54	48		must:
55	49		(A) sign the original documents;
56	50		(B) enter the date and time of issuance on the
57	51		warrant; and
58	52		(C) transmit the warrant by reliable electronic
59	53		means to the applicant or direct the applicant to sign the judge's
60	54		name and enter the date and time on the duplicate original.
61	55		(6) Evidence obtained pursuant to a search warrant for
62	56		which information was provided in accordance with this subsection
63	57		is not subject to suppression on the ground that issuing the warrant
64	58		in compliance with this subsection was unreasonable under the
65	59		circumstances, absent a finding of bad faith.
66	60		SECTION 2. The change in law made by this Act applies only
67	61		to a search warrant that is issued on or after the effective date of
68	62		this Act. A search warrant that was issued before the effective
69	63		date of this Act is governed by the law in effect on the date the
70	64		warrant was issued, and the former law is continued in effect for
71	65		that purpose.
72	66		SECTION 3. This Act takes effect September 1, 2015.
73		-	* * * * *
	67	+	______________________________ ______________________________
	68	+	President of the Senate Speaker of the House
	69	+	I certify that H.B. No. 326 was passed by the House on May 6,
	70	+	2015, by the following vote: Yeas 143, Nays 1, 2 present, not
	71	+	voting.
	72	+	______________________________
	73	+	Chief Clerk of the House
	74	+	I certify that H.B. No. 326 was passed by the Senate on May
	75	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	76	+	______________________________
	77	+	Secretary of the Senate
	78	+	APPROVED: _____________________
	79	+	Date
	80	+	_____________________
	81	+	Governor