88R23934 CJD-F     By: Rogers, Cook, Darby, Slawson, Price, H.B. No. 1178       et al.     Substitute the following for H.B. No. 1178:     By:  Moody C.S.H.B. No. 1178       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a magistrate to issue a search warrant   to collect a blood specimen from a person arrested for 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 18.0216 to read as follows:          Art. 18.0216.  ISSUANCE OF SEARCH WARRANT FOR CERTAIN   INTOXICATION OFFENSES. (a) Subject to Subsection (b), any   magistrate may issue a search warrant under Article 18.02(a)(10) to   collect a blood specimen from a person who:                (1)  is arrested for an offense under Section 49.04,   49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and                (2)  refuses to submit to a breath or blood alcohol   test.          (b)  A magistrate who is not authorized by Article 18.01(c)   or (i) to issue a search warrant under Article 18.02(a)(10) may   issue a search warrant under Article 18.02(a)(10) to collect a   blood specimen as described by Subsection (a) only if:                (1)  the applicant for a search warrant, or another   person at the direction of the applicant, attempts to contact a   magistrate authorized to issue the warrant under Article 18.01(c):                      (A)  by phone, at a number at which it is   reasonable to expect the magistrate to answer under the   circumstances, and the phone call is not answered by the magistrate   within a reasonable time; or                      (B)  by any other means for which there is a   reasonable expectation of establishing communication with the   magistrate, and contact with the magistrate has not been made   within five minutes of the first attempt at contact; or                (2)  the county in which the magistrate serves assigns   consideration of warrants described by Subsection (a) on a rotating   or scheduled basis.          (c)  Evidence obtained under a warrant issued by a magistrate   as authorized under Subsection (a) is not inadmissible in a   criminal action solely because the warrant was issued in violation   of Subsection (b).          SECTION 2.  Article 18.01(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  A search warrant may not be issued under Article   18.02(a)(10) unless the sworn affidavit required by Subsection (b)   sets forth sufficient facts to establish probable cause: (1) that a   specific offense has been committed, (2) that the specifically   described property or items that are to be searched for or seized   constitute evidence of that offense or evidence that a particular   person committed that offense, and (3) that the property or items   constituting evidence to be searched for or seized are located at or   on the particular person, place, or thing to be searched. Except as   provided by Subsections (d) and[,] (i) of this article[,] and   Article 18.0216(a) [(j)], only a judge of a municipal court of   record or a county court who is an attorney licensed by the State of   Texas, a statutory county court judge, a district court judge, a   judge of the Court of Criminal Appeals, including the presiding   judge, a justice of the Supreme Court of Texas, including the chief   justice, or a magistrate with jurisdiction over criminal cases   serving a district court may issue warrants under Article   18.02(a)(10).          SECTION 3.  Article 18.01(j), Code of Criminal Procedure, is   repealed.          SECTION 4.  This Act takes effect September 1, 2023.