| 1 | 1 | | 88R6366 JCG-D |
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| 2 | 2 | | By: Vasut H.B. No. 1407 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to clarifying that a statutory county court judge is |
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| 8 | 8 | | authorized to issue a search warrant for access to a cellular |
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| 9 | 9 | | telephone or other wireless communications device. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 18.0215(b), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (b) A warrant under this article may be issued only by a |
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| 14 | 14 | | judge, including a statutory county court judge, in the same |
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| 15 | 15 | | judicial district as the site of: |
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| 16 | 16 | | (1) the law enforcement agency that employs the peace |
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| 17 | 17 | | officer, if the cellular telephone or other wireless communications |
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| 18 | 18 | | device is in the officer's possession; or |
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| 19 | 19 | | (2) the likely location of the telephone or device. |
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| 20 | 20 | | SECTION 2. This Act takes effect September 1, 2023. |
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