By: Faircloth (Senate Sponsor - Creighton) H.B. No. 1727
(In the Senate - Received from the House May 1, 2017;
May 3, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain search warrants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(i), Code of Criminal Procedure, is
amended to read as follows:
(i) In a county that does not have a municipal court of
record with a courtroom located in that county and a judge [of a
municipal court of record] who is an attorney licensed by the state,
a county court judge who is an attorney licensed by the state, or a
statutory county court judge, any magistrate may issue a search
warrant under [Subdivision (10) or Subdivision (12) of] Article
18.02(a)(10) or (12) [18.02 of this code]. This subsection is not
applicable to a subsequent search warrant under [Subdivision (10)
of] Article 18.02(a)(10) [18.02 of this code].
SECTION 2. The change in law made by this Act applies only
to a search warrant 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, 2017.
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