BILL ANALYSIS |
H.B. 3237 |
By: Moody |
Criminal Jurisprudence |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
Interested parties contend that
the owner of property subject to an issued search warrant may become aware of
the impending search due to the public availability of the sworn affidavit
establishing probable cause for the warrant that is filed before the warrant
is executed.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
H.B. 3237 amends the Code of Criminal Procedure to change the time at which a sworn affidavit setting forth substantial facts establishing probable cause for a search warrant becomes public information from the time at which the affidavit is executed to the time at which the search warrant for which the affidavit was presented is executed.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
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