Bill Text: TX HB3237 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the return of executed search warrants and the public availability of search warrant affidavits.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2017-05-26 - Effective immediately [HB3237 Detail]
Download: Texas-2017-HB3237-Enrolled.html
| H.B. No. 3237 | ||
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| relating to the return of executed search warrants and the public | ||
| availability of search warrant affidavits. | ||
| 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) 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 filed in every instance in | ||
| which a search warrant is requested. Except as provided by Article | ||
| 18.011, the affidavit becomes [ |
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| search warrant for which the affidavit was presented is [ |
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| 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. Article 18.10, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 18.10. HOW RETURN MADE. Not later than three whole | ||
| days after executing a search warrant, the officer shall return the | ||
| search warrant. Upon returning the search warrant, the officer | ||
| shall state on the back of the same, or on some paper attached to it, | ||
| the manner in which the warrant [ |
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| [ |
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| inventory of the property taken into his possession under the | ||
| warrant. The failure of an officer to make a timely return of an | ||
| executed search warrant or to submit an inventory of the property | ||
| taken into the officer's possession under the warrant does not bar | ||
| the admission of evidence under Article 38.23. The officer who | ||
| seized the property shall retain custody of it until the magistrate | ||
| issues an order directing the manner of safekeeping the property. | ||
| The property may not be removed from the county in which it was | ||
| seized without an order approving the removal, issued by a | ||
| magistrate in the county in which the warrant was issued; provided, | ||
| however, nothing herein shall prevent the officer, or his | ||
| department, from forwarding any item or items seized to a | ||
| laboratory for scientific analysis. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3237 was passed by the House on May 4, | ||
| 2017, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3237 was passed by the Senate on May | ||
| 19, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
