Bill

HB 4045

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Courts
Criminal Procedure

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Wayne Faircloth

Bill Caption

Relating to the issuance of certain search warrants.

Fiscal Notes

A fiscal note dated April 13, 2015 anticipates no significant fiscal implication to the state or to units of local government.

Bill Analysis

House Bill 4045 would amend Article 18.01(i) of the Code of Criminal Procedure related to search warrant to specify that any magistrate would be able to issue a search warrant under Subdivision (10) or Subdivision (12) of Article 18.02 of the Code of Criminal Procedure in a county that does not have a municipal court of record with a courtroom located in that county and a judge who is an attorney licensed by the state.

Vote Recommendation Notes

According to the statement of purpose for House Bill 4045, current law raises problems when the applicable municipal court of record for a county is actually located in a different county, as this may put the county in a position to either forgo search warrants or make future arrangements to obtain search warrants subject to the availability of the neighboring county.

House Bill 4045 seeks to change the language of Article 18.01(i) to specify that any magistrate may issue a search warrant in a county that does not have a municipal court of record with a courtroom located in that county and a judge who is an attorney by the state, a county court judge who is an attorney licensed by the state, or a statutory county court judge.

House Bill 4045 clarifies current law and makes sure a county is not subject to a neighboring county to issue their search warrants. The provisions of this bill do not affect our Liberty Principles. As a consequence, we will remain neutral on House Bill 4045.