Bill Text: TX HB460 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the issuance of a search warrant for taking a blood specimen from certain persons suspected of committing certain intoxication offenses.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2015-05-14 - Referred to Criminal Justice [HB460 Detail]
Download: Texas-2015-HB460-Engrossed.html
| By: Bell, Wray, Moody, Price | H.B. No. 460 | |
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| relating to the issuance of a search warrant for taking a blood | ||
| specimen from certain persons suspected of committing 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 adding Subsection (k) to read as follows: | ||
| (k)(1) An officer seeking a warrant under Article | ||
| 18.02(a)(10) to collect a blood specimen from a person suspected of | ||
| committing an intoxication offense under Section 49.04, 49.045, | ||
| 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code, may obtain the | ||
| warrant: | ||
| (A) from a magistrate with jurisdiction in the | ||
| county in which the suspect was stopped; or | ||
| (B) from a magistrate with jurisdiction in a | ||
| county contiguous to the county in which the suspect was stopped, | ||
| provided that the officer attempted and was unable to obtain a | ||
| warrant from a magistrate serving a criminal court in the county in | ||
| which the suspect was stopped. | ||
| (2) A warrant issued under Subdivision (1)(B) may be | ||
| executed only in the county from which the warrant was obtained. | ||
| (3) The requirement under Subdivision (1)(B) that an | ||
| officer attempt to obtain a warrant from a magistrate serving a | ||
| criminal court in the county in which the suspect was stopped does | ||
| not apply if: | ||
| (A) in the county in which the stop occurred: | ||
| (i) there is not a person described by | ||
| Section 724.017(a), Transportation Code, available to take the | ||
| specimen; or | ||
| (ii) a person described by Section | ||
| 724.017(a) is available, but no place described by Section | ||
| 724.017(a-1) is available; and | ||
| (B) in the contiguous county from which the | ||
| warrant is sought, a person described by Section 724.017(a) and a | ||
| place described by Section 724.017(a-1) are available. | ||
| (4) An officer may not obtain a warrant under | ||
| Subdivision (1)(B) if the officer previously applied for and was | ||
| denied a warrant under Subdivision (1)(A) or (1)(B) relating to the | ||
| same stop of the suspect. | ||
| SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2015. | ||
