85R24281 GCB-D
By: Price H.B. No. 2458
Substitute the following for H.B. No. 2458:
By: Moody C.S.H.B. No. 2458
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a magistrate to issue a search warrant
to collect a blood specimen from a person arrested for certain
intoxication offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (k) to
read as follows:
(c) A search warrant may not be issued under Article
18.02(10) unless the sworn affidavit required by Subsection (b)
sets forth sufficient facts to establish probable cause: (1) that a
specific offense has been committed, (2) that the specifically
described property or items that are to be searched for or seized
constitute evidence of that offense or evidence that a particular
person committed that offense, and (3) that the property or items
constituting evidence to be searched for or seized are located at or
on the particular person, place, or thing to be searched. Except as
provided by Subsections (d), (i), [and] (j), and (k), only a judge
of a municipal court of record or a county court who is an attorney
licensed by the State of Texas, a statutory county court judge, a
district court judge, a judge of the Court of Criminal Appeals,
including the presiding judge, a justice of the Supreme Court of
Texas, including the chief justice, or a magistrate with
jurisdiction over criminal cases serving a district court may issue
warrants under Article 18.02(10).
(k) In addition to the magistrates authorized by Subsection
(j) to issue search warrants to collect blood specimens from
persons described by Subsection (j), a justice of the peace who is
not an attorney licensed by this state may issue search warrants to
collect those blood specimens if the justice of the peace serves in
a county with a population of 30,000 or less and is authorized to
issue those warrants by the commissioners court of that county.
SECTION 2. This Act takes effect September 1, 2017.