Texas 2023 - 88th Regular

Texas House Bill HB1178 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23934 CJD-F
2	2	By: Rogers, Cook, Darby, Slawson, Price, H.B. No. 1178
3	3	et al.
4	4	Substitute the following for H.B. No. 1178:
5	5	By: Moody C.S.H.B. No. 1178
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of a magistrate to issue a search warrant
11	11	to collect a blood specimen from a person arrested for certain
12	12	intoxication offenses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 18, Code of Criminal Procedure, is
15	15	amended by adding Article 18.0216 to read as follows:
16	16	Art. 18.0216. ISSUANCE OF SEARCH WARRANT FOR CERTAIN
17	17	INTOXICATION OFFENSES. (a) Subject to Subsection (b), any
18	18	magistrate may issue a search warrant under Article 18.02(a)(10) to
19	19	collect a blood specimen from a person who:
20	20	(1) is arrested for an offense under Section 49.04,
21	21	49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
22	22	(2) refuses to submit to a breath or blood alcohol
23	23	test.
24	24	(b) A magistrate who is not authorized by Article 18.01(c)
25	25	or (i) to issue a search warrant under Article 18.02(a)(10) may
26	26	issue a search warrant under Article 18.02(a)(10) to collect a
27	27	blood specimen as described by Subsection (a) only if:
28	28	(1) the applicant for a search warrant, or another
29	29	person at the direction of the applicant, attempts to contact a
30	30	magistrate authorized to issue the warrant under Article 18.01(c):
31	31	(A) by phone, at a number at which it is
32	32	reasonable to expect the magistrate to answer under the
33	33	circumstances, and the phone call is not answered by the magistrate
34	34	within a reasonable time; or
35	35	(B) by any other means for which there is a
36	36	reasonable expectation of establishing communication with the
37	37	magistrate, and contact with the magistrate has not been made
38	38	within five minutes of the first attempt at contact; or
39	39	(2) the county in which the magistrate serves assigns
40	40	consideration of warrants described by Subsection (a) on a rotating
41	41	or scheduled basis.
42	42	(c) Evidence obtained under a warrant issued by a magistrate
43	43	as authorized under Subsection (a) is not inadmissible in a
44	44	criminal action solely because the warrant was issued in violation
45	45	of Subsection (b).
46	46	SECTION 2. Article 18.01(c), Code of Criminal Procedure, is
47	47	amended to read as follows:
48	48	(c) A search warrant may not be issued under Article
49	49	18.02(a)(10) unless the sworn affidavit required by Subsection (b)
50	50	sets forth sufficient facts to establish probable cause: (1) that a
51	51	specific offense has been committed, (2) that the specifically
52	52	described property or items that are to be searched for or seized
53	53	constitute evidence of that offense or evidence that a particular
54	54	person committed that offense, and (3) that the property or items
55	55	constituting evidence to be searched for or seized are located at or
56	56	on the particular person, place, or thing to be searched. Except as
57	57	provided by Subsections (d) and[,] (i) of this article[,] and
58	58	Article 18.0216(a) [(j)], only a judge of a municipal court of
59	59	record or a county court who is an attorney licensed by the State of
60	60	Texas, a statutory county court judge, a district court judge, a
61	61	judge of the Court of Criminal Appeals, including the presiding
62	62	judge, a justice of the Supreme Court of Texas, including the chief
63	63	justice, or a magistrate with jurisdiction over criminal cases
64	64	serving a district court may issue warrants under Article
65	65	18.02(a)(10).
66	66	SECTION 3. Article 18.01(j), Code of Criminal Procedure, is
67	67	repealed.
68	68	SECTION 4. This Act takes effect September 1, 2023.