This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  H.B. No. 326
  relating to information provided by electronic means in support of
  the issuance of a search warrant.
         SECTION 1.  Article 18.01, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)(1) For purposes of this article, a magistrate may
  consider information communicated by telephone or other reliable
  electronic means in determining whether to issue a search warrant.  
  The magistrate may examine an applicant for a search warrant and any
  person on whose testimony the application is based.  The applicant
  or other person must be placed under oath before the examination.
               (2)  If an applicant for a search warrant attests to the
  contents of an affidavit submitted by reliable electronic means,
  the magistrate must acknowledge the attestation in writing on the
  affidavit. If the magistrate considers additional testimony or
  exhibits, the magistrate must:
                     (A)  ensure that the testimony is recorded
  verbatim by an electronic recording device, by a court reporter, or
  in writing;
                     (B)  ensure that any recording or reporter's notes
  are transcribed and that the transcription is certified as accurate
  and is preserved;
                     (C)  sign, certify the accuracy of, and preserve
  any other written record; and
                     (D)  ensure that the exhibits are preserved.
               (3)  An applicant for a search warrant who submits
  information as authorized by this subsection must prepare a
  proposed duplicate original of the warrant and must read or
  otherwise transmit its contents verbatim to the magistrate. A
  magistrate must enter into an original search warrant the contents
  of a proposed duplicate original that are read to the magistrate. If
  the applicant transmits the contents by reliable electronic means,
  the transmission received by the magistrate may serve as the
  original search warrant.
               (4)  The magistrate may modify a search warrant that is
  submitted as described by Subdivision (3). If the magistrate
  modifies the warrant, the magistrate must:
                     (A)  transmit the modified version to the
  applicant by reliable electronic means; or
                     (B)  file the modified original and direct the
  applicant to modify the proposed duplicate original accordingly.
               (5)  A magistrate who issues a search warrant for which
  information is provided by telephone or reliable electronic means
                     (A)  sign the original documents;
                     (B)  enter the date and time of issuance on the
  warrant; and
                     (C)  transmit the warrant by reliable electronic
  means to the applicant or direct the applicant to sign the judge's
  name and enter the date and time on the duplicate original.
               (6)  Evidence obtained pursuant to a search warrant for
  which information was provided in accordance with this subsection
  is not subject to suppression on the ground that issuing the warrant
  in compliance with this subsection was unreasonable under the
  circumstances, absent a finding of bad faith.
         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 that was 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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 326 was passed by the House on May 6,
  2015, by the following vote:  Yeas 143, Nays 1, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 326 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________