HBA-NMO H.B. 3229 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3229
By: Capelo
Criminal Jurisprudence
4/5/99
Introduced



BACKGROUND AND PURPOSE 

Article 18.02, Code of Criminal Procedure, authorizes the issuance of a
search warrant to search for and seize property or items enumerated in
Subdivisions (1)-(9); property or items, except personal writings,
constituting evidence in Subdivision (10); persons in Subdivision (11); and
contraband subject to forfeiture in Subdivision (12).  Article 18.01(d),
Code of Criminal Procedure, authorizes the seizure of only the specifically
described property or items set forth in a search warrant issued under
Subdivision (10), Article 18.02, or property or items enumerated in
Subdivisions (1)-(9), Article 18.02.  Article 18.01(d) does not authorize
the seizure of persons or contraband subject to forfeiture, with or without
a search warrant.  H.B. 3229 amends Section 18.01(d) to authorize the
seizure of only the specifically described property, items, persons, or
contraband set forth and described in a search warrant issued under Article
18.02, Code of Criminal Procedure.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.01(d), Code of Criminal Procedure, to
authorize the seizure of only the specifically described property, items,
persons, or contraband set forth and described in a search warrant issued
under Article 18.02 (Grounds for Issuance), rather than only the
specifically described property or items set forth in a search warrant
issued under Subdivision (10), Article 18.02 or property or items
enumerated in Subdivisions (1)-(9), Article 18.02. 

SECTION 2.Emergency clause.
  Effective date: upon passage.