| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R23006 GCB-F | |
| 2 | - | By: King of Uvalde, Burns H.B. No. 2260 | |
| 3 | - | Substitute the following for H.B. No. 2260: | |
| 4 | - | By: Murr C.S.H.B. No. 2260 | |
| 1 | + | 86R9684 GCB-F | |
| 2 | + | By: King of Uvalde H.B. No. 2260 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | - | relating to the authority of a magistrate | |
| 10 | - | ||
| 11 | - | ||
| 7 | + | relating to the authority of a magistrate to issue a search warrant | |
| 8 | + | to collect a blood specimen from a person arrested for certain | |
| 9 | + | intoxication offenses. | |
| 12 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | - | SECTION 1. Article 18.01, Code of Criminal Procedure, is | |
| 14 | - | amended by amending Subsection (j) and adding Subsection (k) to | |
| 15 | - | read as follows: | |
| 16 | - | (j) Any magistrate who is an attorney licensed by this state | |
| 17 | - | may issue a search warrant under Article 18.02(a)(10) [18.02(10)] | |
| 18 | - | to collect a blood specimen from a person who: | |
| 11 | + | SECTION 1. Article 18.01(j), Code of Criminal Procedure, is | |
| 12 | + | amended to read as follows: | |
| 13 | + | (j) Any magistrate [who is an attorney licensed by this | |
| 14 | + | state] may issue a search warrant under Article 18.02(a)(10) | |
| 15 | + | [18.02(10)] to collect a blood specimen from a person who: | |
| 19 | 16 | (1) is arrested for an offense under Section 49.04, | |
| 20 | 17 | 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and | |
| 21 | 18 | (2) refuses to submit to a breath or blood alcohol | |
| 22 | 19 | test. | |
| 23 | - | (k) Notwithstanding Subsections (i) and (j), a justice of | |
| 24 | - | the peace may issue a search warrant under Article 18.02(a)(10) to | |
| 25 | - | collect a blood specimen from a person who is arrested for an | |
| 26 | - | offense listed in Subsection (j)(1) if: | |
| 27 | - | (1) another magistrate described by Subsection (i) or | |
| 28 | - | (j) is unavailable and unreachable; or | |
| 29 | - | (2) exigent circumstances exist. | |
| 30 | 20 | SECTION 2. To the extent of any conflict, this Act prevails | |
| 31 | 21 | over another Act of the 86th Legislature, Regular Session, 2019, | |
| 32 | 22 | relating to nonsubstantive additions to and corrections in enacted | |
| 33 | 23 | codes. | |
| 34 | 24 | SECTION 3. This Act takes effect September 1, 2019. |