HBA-TBM C.S.H.B. 1501 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1501
By: Hupp
Public Safety
33/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a law enforcement officer is not required to return a
searched area to the condition it was in prior to a search.  Courtesy and
respect for the property of others should be encouraged.  C.S.H.B. 1501
requires an officer performing a search to make a reasonable effort to
return the premises searched as near as possible to its condition prior to
the search.   

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. 

ANALYSIS

C.S.H.B. 1501 amends the Code of Criminal Procedure to require an officer
performing a search with or without a warrant to make a reasonable effort
to return the place searched as near as possible to the condition the place
was in immediately before the search.  An officer is not prohibited from
removing property from the place as permitted by law or required to take an
action that would interfere with a subsequent examination of the place
conducted for purposes of a criminal investigation or the officer's
performance of another law enforcement duty, if exigent circumstances
require the officer to immediately perform the duty.  An officer who fails
to comply with this provision has not by that failure obtained evidence in
violation of the laws of this state.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1501 differs from the original by only requiring an officer
conducting a search to make a reasonable effort rather than having it be an
absolute requirement to return the place searched as near as possible to
the condition the place was in immediately before the search.  The
substitute also provides that an officer who fails to comply with this
provision has not by that failure obtained evidence in violation of the
laws of this state.