Texas 2019 - 86th Regular

Texas Senate Bill SB1269 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13978 TSS-D
2	2	By: Watson S.B. No. 1269
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to extending the length of time for which an affidavit
8	8	establishing probable cause for a search warrant may be sealed.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 18.011, Code of Criminal Procedure, is
11	11	amended by amending Subsections (a) and (b) and adding Subsections
12	12	(b-1), (b-2), and (b-3) to read as follows:
13	13	(a) An attorney representing the state in the prosecution of
14	14	felonies may request a district judge or the judge of an appellate
15	15	court to seal an affidavit presented under Article 18.01(b). The
16	16	judge may order the affidavit sealed if the attorney establishes a
17	17	compelling state interest in that:
18	18	(1) public disclosure of the affidavit would
19	19	jeopardize the safety of a victim, witness, or confidential
20	20	informant or cause the destruction of evidence; [or]
21	21	(2) the suspect has not been apprehended or indicted
22	22	and the affidavit contains information that, if released, may
23	23	jeopardize the state's ability to apprehend the suspect or continue
24	24	the investigation of the offense; or
25	25	(3) the affidavit contains information obtained from a
26	26	court-ordered wiretap that has not expired at the time the attorney
27	27	representing the state requests the sealing of the affidavit.
28	28	(b) Except as provided by Subsections (b-1) and (b-2), an
29	29	[An] order sealing an affidavit under this article [section]
30	30	expires on the 31st day after the date on which the search warrant
31	31	for which the affidavit was presented is executed.
32	32	(b-1) After an original order sealing an affidavit is issued
33	33	under this article, an attorney representing the state in the
34	34	prosecution of felonies may request, and a judge may grant, before
35	35	the 31st day after the date on which the search warrant for which
36	36	the affidavit was presented is executed, on a new finding of
37	37	compelling state interest under Subsection (a), one 30-day
38	38	extension of the original order.
39	39	(b-2) After a 30-day extension is granted under Subsection
40	40	(b-1), an attorney representing the state in the prosecution of
41	41	felonies may request, and a judge may grant before the expiration of
42	42	the extension on a new finding of compelling state interest under
43	43	Subsection (a), an order sealing the affidavit until the earliest
44	44	of:
45	45	(1) the apprehension of the suspect;
46	46	(2) the indictment of the suspect; or
47	47	(3) the expiration of all limitations periods for all
48	48	offenses with which the suspect could be charged as determined by
49	49	the judge and stated in the order at the time the order sealing the
50	50	affidavit is entered.
51	51	(b-3) For orders granted under Subsection (b-2):
52	52	(1) the court shall create and the court clerk shall
53	53	make publicly accessible a notation that an order sealing an
54	54	affidavit under Subsection (b-2) has been entered; and
55	55	(2) any interested person may file with the court a
56	56	motion to reconsider that order.
57	57	SECTION 2. Article 18.011, Code of Criminal Procedure, as
58	58	amended by this Act, applies only to an affidavit initially sealed
59	59	under that article on or after the effective date of this Act. An
60	60	affidavit sealed under Article 18.011, Code of Criminal Procedure,
61	61	before the effective date of this Act is governed by the law in
62	62	effect on the date the affidavit was sealed, and the former law is
63	63	continued in effect for that purpose.
64	64	SECTION 3. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2019.