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Relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.
No significant fiscal implication to the State is anticipated.
SB 1047 would permit a search warrant issued to collect a blood specimen from a person suspected of committing an intoxication-related offense to be executed in a county adjacent to the county in which it was issued and by any law enforcement officer in that adjacent county.
Texas Action opposes SB 1047 because it violates the principle of limited government and individual liberty. The bill could present a circumstance in which a law enforcement officer could seek a warrant from a neighboring county judge, sidestepping the judge who has jurisdiction of the county in which the offense took place, in order to obtain an outcome more favorable to the officer. A limited government is one in which decisions are made at the most appropriate level of government, in this case, that would be the judge who has jurisdiction over the county in which the warrant is to be executed.