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  S.B. No. 244
 
 
 
 
AN ACT
  relating to the temporary sealing of certain affidavits on which
  search warrants are based.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Article 18.01, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  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 filed in every instance in
  which a search warrant is requested. Except as provided by Article
  18.011, the [The] 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.   Chapter 18, Code of Criminal Procedure, is
  amended by adding Article 18.011 to read as follows:
         Art. 18.011.  SEALING OF AFFIDAVIT. (a)  An attorney
  representing the state in the prosecution of felonies may request a
  district judge or the judge of an appellate court to seal an
  affidavit presented under Article 18.01(b). The judge may order
  the affidavit sealed if the attorney establishes a compelling state
  interest in that:
               (1)  public disclosure of the affidavit would
  jeopardize the safety of a victim, witness, or confidential
  informant or cause the destruction of evidence; or
               (2)  the affidavit contains information obtained from a
  court-ordered wiretap that has not expired at the time the attorney
  representing the state requests the sealing of the affidavit.
         (b)  An order sealing an affidavit under this section expires
  on the 31st day after the date on which the search warrant for which
  the affidavit was presented is executed. After an original order
  sealing an affidavit is issued under this article, an attorney
  representing the state in the prosecution of felonies may request,
  and a judge may grant, before the 31st day after the date on which
  the search warrant for which the affidavit was presented is
  executed, on a new finding of compelling state interest, one 30-day
  extension of the original order.
         (c)  On the expiration of an order issued under Subsection
  (b) and any extension, the affidavit must be unsealed.
         (d)  An order issued under this section may not:
               (1)  prohibit the disclosure of information relating to
  the contents of a search warrant, the return of a search warrant, or
  the inventory of property taken pursuant to a search warrant; or
               (2)  affect the right of a defendant to discover the
  contents of an affidavit.
         SECTION 3.  This Act applies only to an affidavit that is
  presented under Subsection (b), Article 18.01, Code of Criminal
  Procedure, as amended by this Act, on or after the effective date of
  this Act. An affidavit that is presented before the effective date
  of this Act is covered by the law in effect at the time the affidavit
  was presented, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 244 passed the Senate on
  March 29, 2007, by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 244 passed the House on
  May 15, 2007, by the following vote:  Yeas 135, Nays 5, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor