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.
Sponsorship: Partisan Bill (Republican 2)
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) | ||
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| 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 [ |
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| 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 [ |
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| 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. | ||
