Bill Text: TX SB715 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to sworn statements and other documentation provided to support the issuance of a search warrant.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-05-23 - Committee report sent to Calendars [SB715 Detail]
Download: Texas-2015-SB715-Comm_Sub.html
By: Hall | S.B. No. 715 | |
(Burkett) | ||
|
||
|
||
relating to sworn statements and other documentation 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 [ |
||
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 | ||
means of wire or electronic communication. The magistrate shall | ||
administer an oath to the person providing the statement. The | ||
magistrate or the magistrate's designee shall: | ||
(A) electronically record any statement | ||
communicated orally under this subdivision; and | ||
(B) promptly transcribe and preserve a written | ||
copy of that oral statement. | ||
(3) A magistrate may accept, by facsimile or e-mail or | ||
other electronic transmission, other documentation in support of | ||
the issuance of a search warrant. | ||
(4) Except as provided by Article 18.011, an [ |
||
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 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. |