By: Hall S.B. No. 715
(In the Senate - Filed February 24, 2015; March 2, 2015,
read first time and referred to Committee on Criminal Justice;
April 23, 2015, reported favorably by the following vote: Yeas 7,
Nays 0; April 23, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to sworn statements and other documentation 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
means of wire or electronic communication. The magistrate shall
administer an oath to the person providing the statement. The
magistrate or the magistrate's designee shall:
(A) electronically record any statement
communicated orally under this subdivision; and
(B) promptly transcribe and preserve a written
copy of that oral statement.
(3) A magistrate may accept, by facsimile or e-mail or
other electronic transmission, other documentation in support of
the issuance of a search warrant.
(4) Except as provided by Article 18.011, an [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 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.
* * * * *