| 5 | 3 | | |
|---|
| 6 | 4 | | |
|---|
| 7 | 5 | | A BILL TO BE ENTITLED |
|---|
| 8 | 6 | | AN ACT |
|---|
| 9 | 7 | | relating to the authority of a magistrate to issue a search warrant |
|---|
| 10 | 8 | | to collect a blood specimen from a person arrested for certain |
|---|
| 11 | 9 | | intoxication offenses. |
|---|
| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 11 | | SECTION 1. Article 18.01, Code of Criminal Procedure, is |
|---|
| 14 | 12 | | amended by amending Subsection (c) and adding Subsection (k) to |
|---|
| 15 | 13 | | read as follows: |
|---|
| 16 | 14 | | (c) A search warrant may not be issued under Article |
|---|
| 17 | 15 | | 18.02(10) unless the sworn affidavit required by Subsection (b) |
|---|
| 18 | 16 | | sets forth sufficient facts to establish probable cause: (1) that a |
|---|
| 19 | 17 | | specific offense has been committed, (2) that the specifically |
|---|
| 20 | 18 | | described property or items that are to be searched for or seized |
|---|
| 21 | 19 | | constitute evidence of that offense or evidence that a particular |
|---|
| 22 | 20 | | person committed that offense, and (3) that the property or items |
|---|
| 23 | 21 | | constituting evidence to be searched for or seized are located at or |
|---|
| 24 | 22 | | on the particular person, place, or thing to be searched. Except as |
|---|
| 25 | 23 | | provided by Subsections (d), (i), [and] (j), and (k), only a judge |
|---|
| 26 | 24 | | of a municipal court of record or a county court who is an attorney |
|---|
| 27 | 25 | | licensed by the State of Texas, a statutory county court judge, a |
|---|
| 28 | 26 | | district court judge, a judge of the Court of Criminal Appeals, |
|---|
| 29 | 27 | | including the presiding judge, a justice of the Supreme Court of |
|---|
| 30 | 28 | | Texas, including the chief justice, or a magistrate with |
|---|
| 31 | 29 | | jurisdiction over criminal cases serving a district court may issue |
|---|
| 32 | 30 | | warrants under Article 18.02(10). |
|---|
| 33 | 31 | | (k) In addition to the magistrates authorized by Subsection |
|---|
| 34 | 32 | | (j) to issue search warrants to collect blood specimens from |
|---|
| 35 | 33 | | persons described by Subsection (j), a justice of the peace who is |
|---|
| 36 | 34 | | not an attorney licensed by this state may issue search warrants to |
|---|
| 37 | 35 | | collect those blood specimens if the justice of the peace serves in |
|---|
| 38 | 36 | | a county with a population of 30,000 or less and is authorized to |
|---|
| 39 | 37 | | issue those warrants by the commissioners court of that county. |
|---|
| 40 | 38 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|