Bill Text: TX HB326 | 2015-2016 | 84th Legislature | Enrolled

Texas House Bill 326 (Prior Session Legislation)

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-Enrolled.html



	H.B. No. 326




	AN ACT
	relating to information provided by electronic means in support of
	the issuance of a search warrant.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 18.01, Code of Criminal Procedure, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1)(1) For purposes of this article, a magistrate may
	consider information communicated by telephone or other reliable
	electronic means in determining whether to issue a search warrant.
	The magistrate may examine an applicant for a search warrant and any
	person on whose testimony the application is based. The applicant
	or other person must be placed under oath before the examination.
	(2) If an applicant for a search warrant attests to the
	contents of an affidavit submitted by reliable electronic means,
	the magistrate must acknowledge the attestation in writing on the
	affidavit. If the magistrate considers additional testimony or
	exhibits, the magistrate must:
	(A) ensure that the testimony is recorded
	verbatim by an electronic recording device, by a court reporter, or
	in writing;
	(B) ensure that any recording or reporter's notes
	are transcribed and that the transcription is certified as accurate
	and is preserved;
	(C) sign, certify the accuracy of, and preserve
	any other written record; and
	(D) ensure that the exhibits are preserved.
	(3) An applicant for a search warrant who submits
	information as authorized by this subsection must prepare a
	proposed duplicate original of the warrant and must read or
	otherwise transmit its contents verbatim to the magistrate. A
	magistrate must enter into an original search warrant the contents
	of a proposed duplicate original that are read to the magistrate. If
	the applicant transmits the contents by reliable electronic means,
	the transmission received by the magistrate may serve as the
	original search warrant.
	(4) The magistrate may modify a search warrant that is
	submitted as described by Subdivision (3). If the magistrate
	modifies the warrant, the magistrate must:
	(A) transmit the modified version to the
	applicant by reliable electronic means; or
	(B) file the modified original and direct the
	applicant to modify the proposed duplicate original accordingly.
	(5) A magistrate who issues a search warrant for which
	information is provided by telephone or reliable electronic means
	must:
	(A) sign the original documents;
	(B) enter the date and time of issuance on the
	warrant; and
	(C) transmit the warrant by reliable electronic
	means to the applicant or direct the applicant to sign the judge's
	name and enter the date and time on the duplicate original.
	(6) Evidence obtained pursuant to a search warrant for
	which information was provided in accordance with this subsection
	is not subject to suppression on the ground that issuing the warrant
	in compliance with this subsection was unreasonable under the
	circumstances, absent a finding of bad faith.
	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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 326 was passed by the House on May 6,
	2015, by the following vote: Yeas 143, Nays 1, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 326 was passed by the Senate on May
	26, 2015, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor