Bill Text: TX HB1355 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the issuance and execution of a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Engrossed - Dead) 2019-05-26 - Senate adopts conf. comm. report-reported [HB1355 Detail]
Download: Texas-2019-HB1355-Comm_Sub.html
| By: Button, et al. | H.B. No. 1355 | |
| (Senate Sponsor - Johnson, Flores) | ||
| (In the Senate - Received from the House April 16, 2019; | ||
| April 17, 2019, read first time and referred to Committee on | ||
| Criminal Justice; May 17, 2019, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 6, Nays 0; | ||
| May 17, 2019, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 1355 | By: Whitmire | |
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| relating to the issuance and execution of a search warrant to | ||
| collect a blood specimen from a person arrested for certain | ||
| intoxication offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 18.01, Code of Criminal Procedure, is | ||
| amended by amending Subsection (j) and adding Subsection (k) to | ||
| read as follows: | ||
| (j) Any magistrate who is an attorney licensed by this state | ||
| may issue a search warrant under Article 18.02(a)(10) [ |
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| 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. | ||
| (k) Notwithstanding Subsections (i) and (j), 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 is arrested for an | ||
| offense listed in Subsection (j)(1) if: | ||
| (1) another magistrate described by Subsection (i) or | ||
| (j) is unavailable and unreachable; or | ||
| (2) exigent circumstances exist. | ||
| SECTION 2. Chapter 18, Code of Criminal Procedure, is | ||
| amended by adding Article 18.067 to read as follows: | ||
| Art. 18.067. EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN | ||
| INTOXICATION OFFENSE. Notwithstanding any other law, a warrant | ||
| issued under Article 18.02(a)(10) to collect a blood specimen from | ||
| a person suspected of committing an intoxication offense under | ||
| Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal | ||
| Code, may be executed: | ||
| (1) in any county adjacent to the county in which the | ||
| warrant was issued; and | ||
| (2) by any law enforcement officer authorized to make | ||
| an arrest in the county of execution. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a search warrant issued on or after the effective date of this | ||
| Act. A search warrant issued before the effective date of this Act | ||
| is governed by the law in effect on the date the warrant was issued, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. To the extent of any conflict, this Act prevails | ||
| over another Act of the 86th Legislature, Regular Session, 2019, | ||
| relating to nonsubstantive additions to and corrections in enacted | ||
| codes. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
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