86R13978 TSS-D
By: Watson S.B. No. 1269
A BILL TO BE ENTITLED
AN ACT
relating to extending the length of time for which an affidavit
establishing probable cause for a search warrant may be sealed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.011, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsections
(b-1), (b-2), and (b-3) to read as follows:
(a) An attorney representing the state in the prosecution of
felonies may request a district judge or the judge of an appellate
court to seal an affidavit presented under Article 18.01(b). The
judge may order the affidavit sealed if the attorney establishes a
compelling state interest in that:
(1) public disclosure of the affidavit would
jeopardize the safety of a victim, witness, or confidential
informant or cause the destruction of evidence; [or]
(2) the suspect has not been apprehended or indicted
and the affidavit contains information that, if released, may
jeopardize the state's ability to apprehend the suspect or continue
the investigation of the offense; or
(3) the affidavit contains information obtained from a
court-ordered wiretap that has not expired at the time the attorney
representing the state requests the sealing of the affidavit.
(b) Except as provided by Subsections (b-1) and (b-2), an
[An] order sealing an affidavit under this article [section]
expires on the 31st day after the date on which the search warrant
for which the affidavit was presented is executed.
(b-1) After an original order sealing an affidavit is issued
under this article, an attorney representing the state in the
prosecution of felonies may request, and a judge may grant, before
the 31st day after the date on which the search warrant for which
the affidavit was presented is executed, on a new finding of
compelling state interest under Subsection (a), one 30-day
extension of the original order.
(b-2) After a 30-day extension is granted under Subsection
(b-1), an attorney representing the state in the prosecution of
felonies may request, and a judge may grant before the expiration of
the extension on a new finding of compelling state interest under
Subsection (a), an order sealing the affidavit until the earliest
of:
(1) the apprehension of the suspect;
(2) the indictment of the suspect; or
(3) the expiration of all limitations periods for all
offenses with which the suspect could be charged as determined by
the judge and stated in the order at the time the order sealing the
affidavit is entered.
(b-3) For orders granted under Subsection (b-2):
(1) the court shall create and the court clerk shall
make publicly accessible a notation that an order sealing an
affidavit under Subsection (b-2) has been entered; and
(2) any interested person may file with the court a
motion to reconsider that order.
SECTION 2. Article 18.011, Code of Criminal Procedure, as
amended by this Act, applies only to an affidavit initially sealed
under that article on or after the effective date of this Act. An
affidavit sealed under Article 18.011, Code of Criminal Procedure,
before the effective date of this Act is governed by the law in
effect on the date the affidavit was sealed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.