Texas 2019 - 86th Regular

Texas House Bill HB1355 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Button, et al. H.B. No. 1355
2		-	(Senate Sponsor - Johnson, Flores)
3		-	(In the Senate - Received from the House April 16, 2019;
4		-	April 17, 2019, read first time and referred to Committee on
5		-	Criminal Justice; May 17, 2019, reported adversely, with favorable
6		-	Committee Substitute by the following vote: Yeas 6, Nays 0;
7		-	May 17, 2019, sent to printer.)
8		-	Click here to see the committee vote
9		-	COMMITTEE SUBSTITUTE FOR H.B. No. 1355 By: Whitmire
	1	+	86R17245 JSC-F
	2	+	By: Button, Paul, Holland, Bowers, Lang, H.B. No. 1355
	3	+	et al.
10	4
11	5
12	6		A BILL TO BE ENTITLED
13	7		AN ACT
14		-	relating to the issuance and execution of a search warrant to
15		-	collect a blood specimen from a person arrested for certain
16		-	intoxication offenses.
	8	+	relating to the execution of a search warrant for taking a blood
	9	+	specimen from certain persons in certain intoxication offenses.
17	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Article 18.01, Code of Criminal Procedure, is
19		-	amended by amending Subsection (j) and adding Subsection (k) to
20		-	read as follows:
21		-	(j) Any magistrate who is an attorney licensed by this state
22		-	may issue a search warrant under Article 18.02(a)(10) [18.02(10)]
23		-	to collect a blood specimen from a person who:
24		-	(1) is arrested for an offense under Section 49.04,
25		-	49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
26		-	(2) refuses to submit to a breath or blood alcohol
27		-	test.
28		-	(k) Notwithstanding Subsections (i) and (j), a justice of
29		-	the peace may issue a search warrant under Article 18.02(a)(10) to
30		-	collect a blood specimen from a person who is arrested for an
31		-	offense listed in Subsection (j)(1) if:
32		-	(1) another magistrate described by Subsection (i) or
33		-	(j) is unavailable and unreachable; or
34		-	(2) exigent circumstances exist.
35		-	SECTION 2. Chapter 18, Code of Criminal Procedure, is
	11	+	SECTION 1. Chapter 18, Code of Criminal Procedure, is
36	12		amended by adding Article 18.067 to read as follows:
37	13		Art. 18.067. EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN
38	14		INTOXICATION OFFENSE. Notwithstanding any other law, a warrant
39	15		issued under Article 18.02(a)(10) to collect a blood specimen from
40	16		a person suspected of committing an intoxication offense under
41	17		Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal
42	18		Code, may be executed:
43	19		(1) in any county adjacent to the county in which the
44	20		warrant was issued; and
45	21		(2) by any law enforcement officer authorized to make
46	22		an arrest in the county of execution.
47		-	SECTION 3. The change in law made by this Act applies only
	23	+	SECTION 2. The change in law made by this Act applies only
48	24		to a search warrant issued on or after the effective date of this
49	25		Act. A search warrant issued before the effective date of this Act
50	26		is governed by the law in effect on the date the warrant was issued,
51	27		and the former law is continued in effect for that purpose.
52		-	SECTION 4. To the extent of any conflict, this Act prevails
53		-	over another Act of the 86th Legislature, Regular Session, 2019,
54		-	relating to nonsubstantive additions to and corrections in enacted
55		-	codes.
56		-	SECTION 5. This Act takes effect September 1, 2019.
57		-	* * * * *
	28	+	SECTION 3. This Act takes effect September 1, 2019.