| 1 | 1 | | 88R18978 SHH-F |
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| 2 | 2 | | By: Vasut H.B. No. 779 |
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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 the issuance of certain search warrants by statutory |
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| 8 | 8 | | county court judges. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 18.01(d), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d) Only the specifically described property or items set |
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| 13 | 13 | | forth in a search warrant issued under Article 18.02(a)(10) or |
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| 14 | 14 | | property, items or contraband enumerated in Article 18.02(a)(1), |
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| 15 | 15 | | (2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A |
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| 16 | 16 | | subsequent search warrant may be issued pursuant to Article |
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| 17 | 17 | | 18.02(a)(10) to search the same person, place, or thing subjected |
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| 18 | 18 | | to a prior search under Article 18.02(a)(10) only if the subsequent |
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| 19 | 19 | | search warrant is issued by a judge of a statutory county court, a |
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| 20 | 20 | | district court, a court of appeals, the court of criminal appeals, |
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| 21 | 21 | | or the supreme court. |
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| 22 | 22 | | SECTION 2. Article 18.0215(b), Code of Criminal Procedure, |
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| 23 | 23 | | is amended to read as follows: |
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| 24 | 24 | | (b) A warrant under this article may be issued only by a |
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| 25 | 25 | | judge, including a judge of a statutory county court, in the same |
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| 26 | 26 | | judicial district as the site of: |
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| 27 | 27 | | (1) the law enforcement agency that employs the peace |
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| 28 | 28 | | officer, if the cellular telephone or other wireless communications |
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| 29 | 29 | | device is in the officer's possession; or |
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| 30 | 30 | | (2) the likely location of the telephone or device. |
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| 31 | 31 | | SECTION 3. The changes in law made by this Act apply only to |
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| 32 | 32 | | a search warrant issued on or after the effective date of this Act. |
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| 33 | 33 | | A search warrant issued before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the warrant was issued, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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