| 1 | 1 | | By: Hall S.B. No. 715 |
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| 2 | 2 | | (Burkett) |
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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 sworn statements and other documentation provided to |
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| 8 | 8 | | support the issuance of a search warrant. |
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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 18.01(b), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b)(1) No search warrant shall issue for any purpose in this |
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| 13 | 13 | | state unless sufficient facts are first presented to satisfy the |
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| 14 | 14 | | issuing magistrate that probable cause does in fact exist for its |
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| 15 | 15 | | issuance. A sworn affidavit setting forth substantial facts |
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| 16 | 16 | | establishing probable cause shall be provided [filed] in every |
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| 17 | 17 | | instance in which a search warrant is requested. |
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| 18 | 18 | | (2) For purposes of this article, a magistrate may |
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| 19 | 19 | | accept a sworn statement that is provided by telephone or other |
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| 20 | 20 | | means of wire or electronic communication. The magistrate shall |
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| 21 | 21 | | administer an oath to the person providing the statement. The |
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| 22 | 22 | | magistrate or the magistrate's designee shall: |
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| 23 | 23 | | (A) electronically record any statement |
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| 24 | 24 | | communicated orally under this subdivision; and |
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| 25 | 25 | | (B) promptly transcribe and preserve a written |
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| 26 | 26 | | copy of that oral statement. |
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| 27 | 27 | | (3) A magistrate may accept, by facsimile or e-mail or |
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| 28 | 28 | | other electronic transmission, other documentation in support of |
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| 29 | 29 | | the issuance of a search warrant. |
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| 30 | 30 | | (4) Except as provided by Article 18.011, an [the] |
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| 31 | 31 | | affidavit is public information if executed, and the magistrate's |
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| 32 | 32 | | clerk shall make a copy of the affidavit available for public |
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| 33 | 33 | | inspection in the clerk's office during normal business hours. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a search warrant that is issued on or after the effective date of |
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| 36 | 36 | | this Act. A search warrant issued before the effective date of this |
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| 37 | 37 | | Act is governed by the law in effect on the date the warrant was |
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| 38 | 38 | | issued, and the former law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2015. |
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