Bill Text: TX HB2260 | 2019-2020 | 86th Legislature | Comm Sub

Texas House Bill 2260 (Prior Session Legislation)

Bill Title: Relating to the authority of a magistrate or justice of the peace to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB2260 Detail]

Download: Texas-2019-HB2260-Comm_Sub.html

	86R23006 GCB-F

	By: King of Uvalde, Burns	H.B. No. 2260

	Substitute the following for H.B. No. 2260:

	By: Murr	C.S.H.B. No. 2260



	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a magistrate or justice of the peace to
	issue 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) [~~18.02(10)~~]
	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. 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 3. This Act takes effect September 1, 2019.