Bill Text: TX HB779 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the issuance of certain search warrants by statutory county court judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Criminal Justice [HB779 Detail]
Download: Texas-2023-HB779-Engrossed.html
| 88R18978 SHH-F | ||
| By: Vasut | H.B. No. 779 | |
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| relating to the issuance of certain search warrants by statutory | ||
| county court judges. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 18.01(d), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (d) Only the specifically described property or items set | ||
| forth in a search warrant issued under Article 18.02(a)(10) or | ||
| property, items or contraband enumerated in Article 18.02(a)(1), | ||
| (2), (3), (4), (5), (6), (7), (8), (9), or (12) may be seized. A | ||
| subsequent search warrant may be issued pursuant to Article | ||
| 18.02(a)(10) to search the same person, place, or thing subjected | ||
| to a prior search under Article 18.02(a)(10) only if the subsequent | ||
| search warrant is issued by a judge of a statutory county court, a | ||
| district court, a court of appeals, the court of criminal appeals, | ||
| or the supreme court. | ||
| SECTION 2. Article 18.0215(b), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (b) A warrant under this article may be issued only by a | ||
| judge, including a judge of a statutory county court, in the same | ||
| judicial district as the site of: | ||
| (1) the law enforcement agency that employs the peace | ||
| officer, if the cellular telephone or other wireless communications | ||
| device is in the officer's possession; or | ||
| (2) the likely location of the telephone or device. | ||
| SECTION 3. The changes in law made by this Act apply 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. This Act takes effect September 1, 2023. | ||
