By: Wu, et al. (Senate Sponsor - Hall) H.B. No. 326
(In the Senate - Received from the House May 7, 2015;
May 11, 2015, read first time and referred to Committee on Criminal
Justice; May 21, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to information provided by electronic means in support of
the issuance of a search warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1)(1) For purposes of this article, a magistrate may
consider information communicated by telephone or other reliable
electronic means in determining whether to issue a search warrant.
The magistrate may examine an applicant for a search warrant and any
person on whose testimony the application is based. The applicant
or other person must be placed under oath before the examination.
(2) If an applicant for a search warrant attests to the
contents of an affidavit submitted by reliable electronic means,
the magistrate must acknowledge the attestation in writing on the
affidavit. If the magistrate considers additional testimony or
exhibits, the magistrate must:
(A) ensure that the testimony is recorded
verbatim by an electronic recording device, by a court reporter, or
in writing;
(B) ensure that any recording or reporter's notes
are transcribed and that the transcription is certified as accurate
and is preserved;
(C) sign, certify the accuracy of, and preserve
any other written record; and
(D) ensure that the exhibits are preserved.
(3) An applicant for a search warrant who submits
information as authorized by this subsection must prepare a
proposed duplicate original of the warrant and must read or
otherwise transmit its contents verbatim to the magistrate. A
magistrate must enter into an original search warrant the contents
of a proposed duplicate original that are read to the magistrate. If
the applicant transmits the contents by reliable electronic means,
the transmission received by the magistrate may serve as the
original search warrant.
(4) The magistrate may modify a search warrant that is
submitted as described by Subdivision (3). If the magistrate
modifies the warrant, the magistrate must:
(A) transmit the modified version to the
applicant by reliable electronic means; or
(B) file the modified original and direct the
applicant to modify the proposed duplicate original accordingly.
(5) A magistrate who issues a search warrant for which
information is provided by telephone or reliable electronic means
must:
(A) sign the original documents;
(B) enter the date and time of issuance on the
warrant; and
(C) transmit the warrant by reliable electronic
means to the applicant or direct the applicant to sign the judge's
name and enter the date and time on the duplicate original.
(6) Evidence obtained pursuant to a search warrant for
which information was provided in accordance with this subsection
is not subject to suppression on the ground that issuing the warrant
in compliance with this subsection was unreasonable under the
circumstances, absent a finding of bad faith.
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, 2015.
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