Bill Text: TX HB2458 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the authority of a magistrate to issue a search warrant to collect a blood specimen from a person arrested for certain intoxication offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB2458 Detail]
Download: Texas-2017-HB2458-Engrossed.html
85R24281 GCB-D | ||
By: Price | H.B. No. 2458 |
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relating to the authority of a magistrate 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 (c) and adding Subsection (k) to | ||
read as follows: | ||
(c) A search warrant may not be issued under Article | ||
18.02(10) unless the sworn affidavit required by Subsection (b) | ||
sets forth sufficient facts to establish probable cause: (1) that a | ||
specific offense has been committed, (2) that the specifically | ||
described property or items that are to be searched for or seized | ||
constitute evidence of that offense or evidence that a particular | ||
person committed that offense, and (3) that the property or items | ||
constituting evidence to be searched for or seized are located at or | ||
on the particular person, place, or thing to be searched. Except as | ||
provided by Subsections (d), (i), [ |
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of a municipal court of record or a county court who is an attorney | ||
licensed by the State of Texas, a statutory county court judge, a | ||
district court judge, a judge of the Court of Criminal Appeals, | ||
including the presiding judge, a justice of the Supreme Court of | ||
Texas, including the chief justice, or a magistrate with | ||
jurisdiction over criminal cases serving a district court may issue | ||
warrants under Article 18.02(10). | ||
(k) In addition to the magistrates authorized by Subsection | ||
(j) to issue search warrants to collect blood specimens from | ||
persons described by Subsection (j), a justice of the peace who is | ||
not an attorney licensed by this state may issue search warrants to | ||
collect those blood specimens if the justice of the peace serves in | ||
a county with a population of 30,000 or less and is authorized to | ||
issue those warrants by the commissioners court of that county. | ||
SECTION 2. This Act takes effect September 1, 2017. |