Bill Text: TX HB326 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to information provided by electronic means in support of the issuance of a search warrant.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB326 Detail]
Download: Texas-2015-HB326-Introduced.html
Bill Title: Relating to information provided by electronic means in support of the issuance of a search warrant.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB326 Detail]
Download: Texas-2015-HB326-Introduced.html
| 84R759 MAW-D | ||
| By: Wu | H.B. No. 326 | |
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| relating to sworn affidavits provided to support the issuance of a | ||
| search warrant. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 18.01(b), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (b)(1) No search warrant shall issue for any purpose in this | ||
| state unless sufficient facts are first presented to satisfy the | ||
| issuing magistrate that probable cause does in fact exist for its | ||
| issuance. A sworn affidavit setting forth substantial facts | ||
| establishing probable cause shall be provided [ |
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| instance in which a search warrant is requested. | ||
| (2) For purposes of this article, a magistrate may | ||
| accept a sworn statement that is provided by telephone or other | ||
| appropriate and reliable means of wire or electronic communication. | ||
| A magistrate or the magistrate's designee shall fully document a | ||
| sworn affidavit provided by telephone. A magistrate or the | ||
| magistrate's designee may electronically record and preserve any | ||
| statement communicated orally under this subdivision. | ||
| (3) Except as provided by Article 18.011, the | ||
| affidavit is public information if executed, and the magistrate's | ||
| clerk shall make a copy of the affidavit available for public | ||
| inspection in the clerk's office during normal business hours. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a search warrant that is issued on or after the effective date of | ||
| this Act. A search warrant that was 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 3. This Act takes effect September 1, 2015. | ||
