88R3758 CJD-D
By: Spiller H.B. No. 1131
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a justice of the peace to issue a
search warrant to collect a blood specimen from a person arrested
for certain intoxication criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.01(j), Code of Criminal Procedure, is
amended to read as follows:
(j) A [Any] magistrate who is an attorney licensed by this
state or a justice of the peace may issue a search warrant under
Article 18.02(a)(10) to collect a blood specimen from a person who:
(1) is arrested for an offense under Section 49.04,
49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
(2) refuses to submit to a breath or blood alcohol
test.
SECTION 2. This Act takes effect September 1, 2023.