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  S.B. No. 1047
 
 
 
 
AN ACT
  relating to the execution of a search warrant for taking a blood
  specimen from certain persons in certain intoxication offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 18, Code of Criminal Procedure, is
  amended by adding Article 18.067 to read as follows:
         Art. 18.067.  EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN
  INTOXICATION OFFENSE. Notwithstanding any other law, a warrant
  issued under Article 18.02(a)(10) to collect a blood specimen from
  a person suspected of committing an intoxication offense under
  Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal
  Code, may be executed:
               (1)  in any county adjacent to the county in which the
  warrant was issued; and
               (2)  by any law enforcement officer authorized to make
  an arrest in the county of execution.
         SECTION 2.  Article 18.10, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18.10.  HOW RETURN MADE. (a) Not later than three
  whole days after executing a search warrant, the officer shall
  return the search warrant. Upon returning the search warrant, the
  officer shall state on the back of the same, or on some paper
  attached to it, the manner in which the warrant has been executed.
  The officer shall also deliver to the magistrate a copy of the
  inventory of the property taken into his possession under the
  warrant. The failure of an officer to make a timely return of an
  executed search warrant or to submit an inventory of the property
  taken into the officer's possession under the warrant does not bar
  the admission of evidence under Article 38.23. The officer who
  seized the property shall retain custody of it until the magistrate
  issues an order directing the manner of safekeeping the property.
  Except as otherwise provided by Subsection (b), the [The] property
  may not be removed from the county in which it was seized without an
  order approving the removal, issued by a magistrate in the county in
  which the warrant was issued; provided, however, nothing herein
  shall prevent the officer, or his department, from forwarding any
  item or items seized to a laboratory for scientific analysis.
         (b)  For the purposes of complying with this article,
  property seized pursuant to a warrant executed under Article 18.067
  may be removed from the county in which it was seized and returned
  to the county in which the warrant was issued without a court order.
         SECTION 3.  The change in law made by this Act applies only
  to a search warrant issued on or after the effective date of this
  Act. A search warrant 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 4.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1047 passed the Senate on
  April 19, 2021, by the following vote: Yeas 30, Nays 1; and that
  the Senate concurred in House amendment on May 27, 2021, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1047 passed the House, with
  amendment, on May 25, 2021, by the following vote: Yeas 144,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor