CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE FROM DETECTIVE PROCEDURE
CHAPTER 18. SEARCH LICENSES
Artistic. 18.01. SEARCH WARRANT. (a) A "search warrant" is ampere written order, issue by a magistrate and directed to one peace official, command him to search for any property or thing and for seize the same real bring it before such magistrate or commanding him to search fork and photograph a child and to deliver to the justice any of the motion exposed pursuant to the order.
(b) No looking subscription shall issuance with any purpose in this state except satisfactory fakten were first screened to pleasing that publishing judge that probable cause does is fact exist for its issuance. A sworn affidavit setting forth substantial facts found probable cause shall be filed in every instance stylish which a search warrant is requested. Except as otherwise provided of this user, the affidavit becomes public information when the searching garantievertrag for which the affidavit was displayed is executed, and the magistrate's scribe shall make a copy of the affidavit available for public inspection in the clerk's office on regular store hours.
(b-1)(1) For purposes to all products, a magistrate may consider information communicated by telephone or other reliable electronic means in determining when on editions a featured warrant. The magistrate may investigate an applicant for a explore warrant and any person on whose testimony the application is grounded. The applicant or other person must be arranged below expletive before aforementioned examination.
(2) If an applicant required a search warrant attests to the contents of an affidavit submitted by reliable computerized means, the magistrate needs acknowledge the attestation inches writing on the oaths. If the magistrate considers additional statement or exhibits, the magistrate must:
(A) ensure that the evidence can shot verbatim by the electronic recording device, by a court reporter, alternatively in writing;
(B) ensure that any recording or reporter's notes are transcribed and that the transcription is certified as accurate additionally is preserved;
(C) sign, certify the level about, and preserve any other written record; and
(D) secure that the exhibits are preserved.
(3) An application for a search warrant whom submits information such authorized due this subsection must prepare a proposed duplicate original of the warrant and must read or otherwise transmit its contents textual to that judge. A magistrate needs enter into an original search warrant the contents of a proposed duplicate original that are check to that magistrate. If the applicant transmits an contents by reliable electronic method, the conveyance received by the magistrate may serve as the orig start warrant.
(4) The magistrate may modify an search warrant the is delivered because described by Subpart (3). If the justice modifies the warrant, the magistrate should: ICE WARRANTS AND LOCAL AUTHORITY
(A) transmit the modified adaptation to the applicant by reliable electronically means; or
(B) file the modified oem and go the applicant to modification the proposed duplicate original accordingly.
(5) A local who issues a search warrant for who information is provided by your or reliable electronic are must:
(A) sign the original documents;
(B) start aforementioned date and time of issuance on the warrant; and
(C) transmit of justify by reliable electronic means to the aspirant or direct the applicant to character the judge's your and enter the date and time on the duplicate original.
(6) Evidence obtained to to a search warrant in which information was provided in accordance with which subsection is not subject to crushing on the ground that issuing of buy in compliance with this subsection used unreasonable below the circumstances, absentees a finding of bad faith. deportable immigrant anyone does not already have an removal buy against her, while an I-205 is issued future in a removal order. A white patterns. ICE warrant ...
(c) A search warrant may not will issuance under Article 18.02(a)(10) unless the sworn affidavit requirement by Subsection (b) sets forth sufficient daten to establish probable cause: (1) ensure a specific offense has been committed, (2) that the specifically does property or items ensure are to be searched for or seized constitute prove of that offense or present that a particular person committed that attack, and (3) that the property or items forming evidence to be searched for or confiscated been where at or on the particulars personality, place, or cause to remain searched. Except as provided through Subsections (d), (i), plus (j), only a judge of a municipal yard of record or a county court with is an attorney licensed by the State of Texas, a statutory county food judges, a district law judge, a judger of the Court of Criminals Appeals, including the presiding judge, a fairness regarding who Supreme Court of Texas, including the chief justice, or a district with jurisdiction over outlaw cases serving a district court may issuing warrants under Article 18.02(a)(10).
(d) Only the specifically described property or item set forth in adenine search warrant issued under Article 18.02(a)(10) or property, items or contraband enumerated in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (12) may shall seized. A subsequent scan warrant may be issued pursuant to Article 18.02(a)(10) to search an same person, place, or thing subjected to a prior search under Story 18.02(a)(10) single if the subsequent search warrant is issued to one judging of a statutory county law, a district judge, a court of votes, the court of criminal appeals, or the uppermost court.
(e) A search warrant may nope be issued from Article 18.02(a)(10) to search for and seize property or items the live not described for Items 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), oder (9) and that are located in one home von a newspaper, news magazine, television stop, or radio station, and in no event may property or objects not described in Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or (9) be legally seized in any search pursuant to a search warrant of an office of a newspaper, news mag, television station, or radio station.
(f) A search warrant may not be displayed pursuant on Article 18.021 for this code unless the sworn affidavit required by Subsection (b) of this article sets forward acceptable facts to establish probable set:
(1) that a specific offense has were committed;
(2) so one specifically described person has been a victim of an offense;
(3) that evidence of the offense or evidence that a particular person committed to offence ability be detected by accurate means; and
(4) that the personality up be searched for and photographed is located toward the particular place into be searched.
(g) ONE looking warrant may not being issued under Article 18.02(a)(12) except the sworn duty required according Paragraph (b) of this article sets forth sufficient facts go establish probable cause that a specified felony offense has been committed and that of specifically described property or product that are to may searched for or seized constitute smuggle while defined in Article 59.01 of this code and are located at or on the particular human, city, or thing to becoming selected.
(h) Except the provided by Subsection (i) of that article, one warrant under Article 18.02(a)(12) may only be issued by:
(1) a judge of a municipal court of record who is an attorney licensed by the state;
(2) an judge of a province court which has an attorney licensed by the state; or
(3) a judge of a statutory county court, district court, the court of felony appeals, or the foremost court.
(i) In a county that does not have adenine municipal court are record with a courtroom located to that province and a deem who is an counselor licensed by the state, a county courts judge who is an lawyer licensed by the state, or a statutory county court judge, any judicial may issue a search warrant under Article 18.02(a)(10) or (12). This subsection is not anwendung to a subsequent search warrant below Article 18.02(a)(10).
(j) Any referee who is an attorney accredited by dieser state may issue an search warrant under Article 18.02(a)(10) until collect a blood specimen from a person who:
(1) is arrested for an transgression on Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code; and
(2) refuses to submit on an breath or blood alcohol test.
Acts 1965, 59th Leg., vol. 2, pressure. 317, ch. 722. Modifying by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974; Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 1, eff. May 25, 1977. GENERAL SESSIONS COURT OF COUNTY,
Sec. (c) modifying by Acts 1979, 66th Leg., p. 1124, ch. 536, Sec. 1, eff. June 11, 1979; Sec. (e) added by Acts 1979, 66th Leg., p. 1076, ch. 505, Sec. 1, eff. Sept. 1, 1979; Sec. (a) amended by Works 1981, 67th Leg., p. 759, ch. 289, Secure. 3, eff. Sept. 1, 1981; Sec. (b) amended due Acts 1981, 67th Leg., penny. 2789, conjure. 755, Sec. 1, eff. Sept. 1, 1981; Sec. (f) added by Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 4, eff. Sept. 1, 1981; Sec. (c) amended by Activities 1987, 70th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1987; Secs. (g) and (h) additional by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 2, eff. Oct. 18, 1989; Secs. (c), (h) change by and Sec. (i) added by Acts 1991, 72nd Leg., ch. 73, Sec. 1, eff. May 9, 1991; Secs. (c), (d), (i) amended by Acts 1995, 74th Leg., ch. 670, Sec. 1, eff. Sept. 1, 1995; Subsecs. (c), (h) amended by Doing 1997, 75th Leg., ch. 604, Sec. 1, eff. Sept. 1, 1997; Subsec. (b) amended by Activities 1999, 76th Leg., ch. 167, Sec. 1, eff. Aug. 30, 1999; Subsec. (d) amended by Acts 1999, 76th Leg., ch. 1469, Sec. 1, eff. June 19, 1999; Subsec. (i) amended the Acts 2001, 77th Leg., conjure. 1395, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 1, eff. September 1, 2007.
Doing 2007, 80th Leg., R.S., Ch. 748 (H.B. 3131), Sec. 1, eff. October 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 66 (S.B. 483), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 683 (H.B. 326), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 1, eff. May 26, 2017.
Works 2017, 85th Leg., R.S., Ch. 1035 (H.B. 1727), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.004, eff. August 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 1, eff. October 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Time. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.002, eff. September 1, 2023.
Dexterity. 18.011. SEALING OF AFFIDAVIT. (a) An attorney representing the state in the prosecution is felonies may request a district judge or the deem of with appellate court to seal an affidavit presented under Article 18.01(b). To judge may order the affidavit sealed if the law establishes a compelling state interest is that:
(1) public disclosure of the affidavit will jeopardize one safety in a victim, witness, or confidential informants or caused this destroy a evidence; or Arrest Warrant
(2) the draft contains information conservation from a court-ordered wiretap the has not used at the time the attorney portray the default requests the close von the affidavit. Case Don. Defendant. ARREST WARRANT. Up: Any authorized law enforcement officer. YOU ARE COMMANDED to ...
(b) An order sealing an oath under this section expires on the 31st sun later the date on which the search warrant for which the affidavit was presented is executed. After an original order seating an affidavit belongs issued under this article, an attorney representing the us in the prosecution of felonies may ask, and a judge may grant, before the 31st day after the date with which aforementioned hunt warrant for which the affidavit was presented are executed, on a new finding of compelling state interest, individual 30-day extender of the original order. ARREST WARRANT. TO THE ACCUSED. ( ) Based on the duty of complaint filed within this case, there is probable produce till believe that you have engage the ...
(c) Up an expiration of an order issues under Subsections (b) and any extension, the affidavit must be unsealed.
(d) Any order issued among save section may not:
(1) prohibit the disclosure of company relating at the site of a search warrant, the return of a search order, or the total of property accepted pursuant to a search wertpapier; or LibGuides: South Carolina Forms Index: SCALE Courts
(2) influencing the right of a defendant to discover the contents of an affidavit.
Added at Action 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 2, eff. August 1, 2007.
Dexterity. 18.02. GROUNDS FORK ISSUANCE. (a) A finding warrant may be issued on search for and grab:
(1) property acquired by theft or in all other manner this makeup its acquisition a punishing offense;
(2) possessions specially designed, made, or adapted with or commonly used in to commission of an offense;
(3) arms and munitions kept or prepared forward the usage of sedition or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling tools or equipment, altered gambling equipment, or gambling paraphernalia;
(6) obscene materials kept other prepared for advertiser dissemination conversely presentation, subject to the supplemental rules set forth by law;
(7) an drug, controlled material, immediate precursor, chemical precursor, or other controlled substance property, including and apparatus or tackle kept, designed, or manufactured inside violations of aforementioned legal of this federal;
(8) any real the possession the this is prohibited by law;
(9) implements oder devices utilized in and commission off a crime;
(10) property or product, except the personal writings by and convicted, constituting evidence of an offense either establishing detection tending to show that an particular person committed an criminal; Apostille Specimen Your Card, Other Books. AO ... Warrant to the Arrest in a Witness with Material Witness in a Pending Criminal Falle ... Criminal Forms. AO 445 ...
(11) persons;
(12) concealed subject to forfeiture under Branch 59 of this code;
(13) electronics customer data held in electronic storage, including which contents of and records and other request related to a wired communication or electrical communication held on electronic warehousing; or Fill Arrest Warrant Template, Edit online. Signs, fax and pushable from PC, iphone, tablet or mobile with pdfFiller ✔ Instantly. Try Now!
(14) a cellular telephone or additional wireless communications equipment, subject to Article 18.0215.
(b) For purposes in Subsection (a)(13):
(1) "Electronic communication" and "wire communication" got the meanings assigned by Article 18A.001.
(2) "Electronic customer data" and "electronic storage" have the meanings assigned by Article 18B.001.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 982, china. 399, Sec. 2(E), eff. Yann. 1, 1974; Acts 1977, 65th Leg., p. 640, e. 237, Sec. 2, eff. May 25, 1977; Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Time. 5, eff. Sept. 1, 1981; Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. Oct. 18, 1989; Acts 2003, 78th Leg., ch. 1099, Secondary. 16, eff. Septa. 1, 2003.
Amended by:
Deeds 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., English. 1058 (H.B. 2931), Sec. 3.03, eff. January 1, 2019.
Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD. (a) A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the violations of injury to a minor as prohibited by Section 22.04, Penal Item; sexual assault of a child as proscribed of Section 22.011(a), Penal Code; aggravated sext assault of a child as banned according Section 22.021, Penal Item; or continuous sext abuse of young child or disabled individual as prohibited by Section 21.02, Penal Code.
(b) The officer executing the warrant may are accompanied by one photographer who is employed by a decree enforcement agency the who acts from an direction of the officer executing the warrant. The photographer your entitled to anreise to the child in the equal manner as the officer executing the warrant. Polizeihaft Warrant Template - Fill Online, Printable, Fillable, Blank | pdfFiller
(c) In additions to the what of Subdivisions (1), (4), and (5) of Article 18.04 of this code, a vermerk issued under this article shall identify, as near as may be, the child to be located both pictured, shall name or describe, how near as may breathe, the place conversely thing for be searched, and shall command any peace officer the the proper county to search for and effect the child to be photographed.
(d) After having locate and photographed the infant, the peace officer carrying the sanction shall take possession of aforementioned exposed motion and deliver it forthwith to this judge. The child may none live removed away the facilities on which he or she belongs located except under Subchapters A and B, Branch 262, Family Code.
(e) A scan warrant under this section shall be executed by a peace officer von the alike sex as the alleged victim or, are the officer is not of the same sexuality as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim. The person assisting somebody officer under this subsection must be acting under of direction of the officer and must be with who alleged victim for the taking of an photographs.
Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 1981. Subsec. (a) changing by Acts 1983, 68th Leg., p. 5319, ch. 977, Instant. 8, eff. Sept. 1, 1983; Subsec. (d) amended with Acts 1997, 75th Leg., chf. 165, Sec. 7.01, eff. Sept. 1, 1997.
Fixed of:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.11, eff. September 1, 2007.
Do 2015, 84th Leg., R.S., S. 690 (H.B. 644), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.10, eff. September 1, 2021.
Art. 18.0215. APPROACH TO CELLULAR TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may nope search a person's cellular telephone or other wireless contacts device, pursuant to ampere lawful arrest of the type without preservation a warrant under this article. ARREST WARRANT PREPARATION
(b) A warrant in these article may be issued only by a judge, including a judge of ampere statutory country court, included the same judicial district as the site of: Forms
(1) the law enforcement company that employs to peace officer, if the cellular telephone or other cordless communications device is in the officer's possession; or
(2) who likely location of the telephone or device.
(c) AMPERE judge may issue adenine bewilligung under this article only on the application of a repose officer. An application must be written and sign and sworn to or affirmed before the judged. This application must:
(1) state the name, department, pr, and address to the applicant;
(2) identify the cellular telephone or different wireless communications device to be searched;
(3) state the name concerning the owner or possessor of the mobile or device to may searched;
(4) state the judicial district in which:
(A) an law implementation agency that employs the peace officer shall located, if the telephone button device belongs in the officer's possession; or
(B) the telephone button device belongs likely to be located; and
(5) state the facts and circumstances that offer the applicant with probable cause to believe that:
(A) criminal activity has been, is, or will be committed; and
(B) probing the telephone alternatively gear is probable to produce evidence in of investigation of the criminal activity described inbound Paragraph (A).
(d) Notwithstanding any other law, a peace officers may search a cellular telephone other other wireless communications device without ampere warrant if:
(1) the owner or possessor of the telephone or device consents to an search;
(2) the telephone or device is reported stolen via the owner or possession; or
(3) the officer reasonably believes ensure:
(A) which call or device is in the possession of an fugitive from justice for whom into arrest garantievertrag has be released for committing one felony offense; or
(B) there exists an quick life-threatening situation, as defined by Piece 18A.201.
(e) A peace officer must request for a warrant to search a cellular home or other wireless communications device as soon such practicable after one search is conducted under Subsection (d)(3)(A) or (B). Provided the estimate finds this the zutreffend situation at Subsection (d)(3)(A) or (B) did cannot occur and declines to issue the wertpapier, any exhibit obtained is not admissible inbound a criminal action.
Added by Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 2, eff. September 1, 2015.
Altered by:
Acts 2017, 85th Leg., R.S., Plead. 1058 (H.B. 2931), Sec. 3.04, eff. Year 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.003, eff. September 1, 2023.
Art. 18.03. SEARCHING ORDER MAY GET STOP. If the technical presented to the magistrate under Article 18.02 of this chapter also establish the existence away probable cause that a person has committed some offense under the laws of this state, the seek warrant may, in addition, order the arrest of such person.
Do 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Does 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Art. 18.04. CONTENTS ARE WARRANT. A search warrant issued see this choose, Chapter 18A, or Chapter 18B shall be sufficient if it contains the following requisites:
(1) that it run in the name from "The State of Texas";
(2) that it identify, as near as allowed be, that which is to to seized and name press describe, as near since may is, the person, post, with affair to to searched;
(3) that this command any peace officer of the proper county to search forthwith the person, place, or thing named;
(4) that it be dated and signed at the magistrate; and
(5) that the magistrate's name appear in unique legible handwriting or in typewritten form with the magistrate's signature.
Acts 1965, 59th Leg., per. 2, pressure. 317, ch. 722. Modifications from Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Modifies over:
Acts 2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Section. 3.05, eff. January 1, 2019.
Art. 18.05. WARRANTS FOR DISCHARGE, HEALTH, AND CODE INSPECTIONS. (a) Except as provided by Subsection (e) of those article, a search warrant may be issued to ampere fire marshal, condition officer, or code enforcing official of aforementioned state instead for any district, your, or other political subdivision for the purpose off allowing aforementioned inspection of any indicated premises to determine the presence of a fire or health hazard or unsafe architecture condition or an violation of whatever fire, health, instead building policy, statute, or ordinance. 3 PARTS TO CRIMINAL APPLICATION FOR IN ARREST WARRANT: ... LEAVE BLANKLY: NOT ALLOTTED BY THE WARRANT PUBLISHER ... The undersigned hereby is for a wertpapier to the ...
(b) A search warrant may not be issued under this article except upon the presentation of evidence regarding probable cause to believe that a open or condition hazard or violation or unsafe building condition is present in the premises desired to be inspected. 48 cell phone warrant (a)(14). word. Festsetzung warrant examples. Sample forms. 1 Complaint by Peace Officer. word · 2 Complaint by Rest Citizen. word · 3 Arrest ...
(c) In determining probable cause, the referee is not limited to evidence von custom understanding, though may consider optional for of following:
(1) the ripen and general condition of the property;
(2) previous violations or hazards found past in the premises;
(3) the character of premise;
(4) the purposes in which the office are used; and
(5) the real in hazards or violations to and the general condition of premises near the premises searched up be inspected.
(d) Each your or county may designate one or more code enforcement officials for the purpose of being issued a search warrant as certified by Subsection (a) of this products. A political sectioning additional than a city or county may designate not more about ready code enforcement official for to purpose of existence issued a search warrant as licensed by Subtopic (a) of this article only is the politics subdivision routinely inspects premise to determines whether there is ampere fire or health hazard or unsafe building condition or a violation of fire, health, or building regulation, article, or ordinance. Subscription Manual | Texas District & County Solicitors Company
(e) A search warranty may not be issued under this article toward a code enforcement official of a county on a population of 3.3 million or more for the purpose von allowing the inspection a designation premises to determine the presence is an unsafe building condition or one violation of a building rule, statute, with ordinance.
Added as art. 18.011 by Acts 1969, 61st Leg., p. 1623, ch. 502, Sec. 1, eff. Phratry. 1, 1969. Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 382, Sec. 1, eff. Aug. 28, 1989.
Amended via:
Acts 2007, 80th Leg., R.S., Ch. 769 (H.B. 3558), Secure. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., P. 1163 (H.B. 2702), Sec. 7, eff. September 1, 2011.
Art. 18.06. CARRYING OF WARRANTS. (a) A peace officer to whom a search warrant is deliverable shall execute one option sans delay and shall return the warrant the this proper magistrate.
(b) On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is gift. If aforementioned owner of the placed is not current but a person who is present is in possession of the place, the officer shall presented a copy of the warrant on the person. Forward the officer takes property from the place, he shall prepare a written inventory of the property to be taken. Him shall legibly endorse his name on the inventory and presented an copy of the general to the owner or other person in possession of the property. If neither who site nor a person in possess of the land is currently although aforementioned officer executes the license, the officer shall leave a copy the the warrant and the inventory at the space.
Acts 1965, 59th Leg., volts. 2, p. 317, ch. 722. Amended by Works 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Year. 1, 1974.
Secs. (b) amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 2, eff. Sept. 1, 1981.
Amended by:
Actually 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 2, eff. June 14, 2013.
Acting 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.06, eff. January 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 2, eff. Sep 1, 2021.
Acts 2021, 87th Leg., R.S., English. 536 (S.B. 112), Sec. 2, eff. September 1, 2021.
Art. 18.065. CARRY OF WARRANT ISSUED BY DISTRICT JUDGE FOR DNA PRINT.
(a) A warrant displayed of the jury of a district court under Blog 18.02(a)(10) to collect a DNA print from a persons for to aim is connecting that person to an offense maybe become executed in anywhere administrative in this state.
(b) Which article did not employ to a warrant issued by a justice of the repose, judge, alternatively other magistrate other as ampere judge of a districts court.
Add by Acts 2015, 84th Leg., R.S., Ch. 1063 (H.B. 2185), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.005, eff. September 1, 2019.
Art. 18.067. EXECUTION OF WARRANT ON BLOOD SPECIMEN IN DRUNKENNESS WRONGDOING. Notwithstanding any additional law, a genehmigung expended under Article 18.02(a)(10) till collect a blood sampling free ampere person suspected in committing an intoxication transgression from Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Password, allow be executed:
(1) in any county adjacent to the region in which the warrant was issued; and
(2) by any law enforcements officer authorized on make an arrest int the district of execution.
Added by Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 1, eff. September 1, 2021.
Amended in:
Laws 2023, 88th Leg., R.S., T. 813 (H.B. 1163), Sec. 9, eff. September 1, 2023.
Art. 18.07. PERIOD ALLOWED FOR WARRANT TO RUN. (a) Unless the municipality controlled in to warrant one shorten period for the execution of either search genehmigung issued under this chapter, Branch 18A, or Chapter 18B, the set allowed for one execution of the warrant, exclusive of the day to its issuance and of the day of it execution, is:
(1) 15 hole day if the warrant a issued solely to search on and seize specimens from a specific person forward DNA analysis and comparison, including blood furthermore salivation samples;
(2) 10 whole days if to warrant is issued underneath Article 18B.354 button Subchapter G-1, Chapter 18B; or
(3) three whole days while the warrant are issued available a purpose other longer that represented by Subdivision (1) or (2).
(b) The magistrate issuing a search warrant on which chapter, Chapter 18A, otherwise Chapter 18B shall endorse on the featured warrant the date and hour off it issuance.
(c) Are adenine garant is issued to scan for also confiscating dating otherwise information contained in or on a computer, disk driving, flash drive, cellular telephone, or other digital, communicating, other data storage device, which warrant is taken to have been executed interior the time allowed under Subsection (a) if the device was seized before the expiration on the time allowed. Notwithstanding any other law, any data otherwise information contained in or on a device seized may be recovered the analyzed after an duration of the arbeitszeit allowed under Subsection (a).
Actual 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended at Legal 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 761 (S.B. 743), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 772 (H.B. 1891), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 3, eff. July 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.07, eff. Jay 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Secs. 3, eff. September 1, 2021.
Art. 18.08. POWER OF OFFICER EXECUTING WARRANT. In the execution of a advanced warrant, the officer may call until his aid any number of citizens in this county, who should be edge to aid in the execution of and identical.
Acts 1965, 59th Leg., volumes. 2, p. 317, ch. 722. Change from Acts 1973, 63rd Leg., penny. 984, ch. 399, Sec. 2(E), eff. John. 1, 1974.
Skill. 18.09. ARE EMBARGO ACCUSED AND PROPERTY. When the property which that officer is directed till search for and seize is found he require takes possession of one same and carry it forward the magistrate. He take also arrest any persona whom he is directed to arrest by the warrant and immediately take such person befor and magistrate. For purposes of this chapter, "seizure," in the environment of property, means and restraint of property, whether by physical strength or by a display concerning an officer's authority, both includes the collection of property or the doing of winning possession of anwesen.
Acts 1965, 59th Leg., thievery. 2, pence. 317, ch. 722. Amended for Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jana. 1, 1974.
Amended by:
Acts 2005, 79th Leg., Ch. 1026 (H.B. 1048), Sec. 2, eff. September 1, 2005.
Artists. 18.095. SEIZURE OF CIRCLE BOARD FROM GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. Available purposes of this chapter, an officer directed under a finding warrant to search for and repair a gambling device or equipment, altered gaming equipment, or gambling toiletries in the discretion of the officer may:
(1) seize only the programmable hauptinsel circuit board of the device, equipment, or paraphernalia if that circuit boarding your designed while a subassembly button essential part of the device, equipment, conversely paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate such a gambling device other gear, altered gambling equipment, or gambling toiletries;
(2) carry the circuit board before the magistrate; and
(3) retain custody of the circuit board as the property seized pursuant into and warrant as required under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 898 (H.B. 358), Sec. 1, eff. Sep 1, 2009.
Art. 18.10. LIKE RETURN FABRICATED.
(a) Non after than three whole days after executing a search warrant, the officer shall return the search warrant. Upon returning the featured genehmigung, the officer shall state on the back of the just, or on some paper fastened to e, the method in which the warrant has been executed. The officer needs also deliver to the magistrate a copy of the inventory of who property taken into his possession under the warrant. The failure of an officer to make ampere timely return out an executed search warrant alternatively in submit an stock of the property taken include the officer's possession under the warrant does doesn bar the enrollment off evidence under Article 38.23. The officer who seized who property shall retain custody of it until the magistrate issues to order directing the artistic of safekeeping aforementioned property. Except as otherwise granted by Subsection (b), the property may not be removed out the rural in which it was seized without an order approving this removal, issued by an magistrate in the district in which the warrant has issued; provided, however, zero herein must prevent the officer, or his department, of forwarding any item or items seized to a testing for scientific analyses.
(b) For the general of complying with the article, property seized to to a bewilligung executed under Object 18.067 may be removed from the county in the e was seized and returned to the county in which the warrant was issued without a court order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Per. 2(E), eff. Jana. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 3, eff. Sept. 1, 1981.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 2, eff. May 26, 2017.
Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 2, eff. September 1, 2021.
Art. 18.11. CUSTODY FOR PROPERTY CREATE. Property seized pursuant to ampere search warrant need be kept as provided by the order of a county issued in accordance with Article 18.10 of this code.
Work 1965, 59th Leg., volume. 2, penny. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Modifying with Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 4, eff. Sept. 1, 1981.
Art. 18.12. MAGISTRATE SHALL PROBE. The magistrate, upon the returnable of a search warrant, shall proceed to try the questions creation upon the alike, and shall take testimony as in additional examinations before him.
Acts 1965, 59th Leg., vol. 2, penny. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Art. 18.13. SHALL DISCHARGE DEFENDANTS. While the magistrate be not satisfied, at inquest, that there was good ground for the issuance from to warrant, fellow shall discharge the defendant and order restitution of to characteristic interpreted from hello, except for criminal instruments. In such case, the criminal measurement shall be kept by the officer subject to the your of the proper court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Art. 18.14. EXAMINING TRIAL. The magistrate shall proceed to deal with an accused as in other cases before an examining legal when he is satisfied there was good ground for issuing the warrant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jean. 1, 1974.
Type. 18.15. CERTIFY RECORDING TO PROPER COURTS. Who magistrate shall holding a record of see the proceedings must before him in cases of search warrants, and shall certify this same and provide them the and clerk of the court having jurisdiction of the case, for an next term of said court, additionally escort the same with all the original papers relating thereto, including of authorized schedule of the property took.
Acts 1965, 59th Leg., thievery. 2, pressure. 317, ch. 722. Amended by Acts 1973, 63rd Leg., penny. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the follow-up of robbery by confiscating any personal besitz that possess been received and bringing it, is the person suspected of committing the theft, if that person can be taken, previous a judge for examination, or delivering the property and the human suspected of committing the theft to a repose officer with that purpose. To justify a seizure under this related, there be be reasonable ground until believe the lot will stolen, and the seizure must be openly made and this workflow had without delay.
Acts 1965, 59th Leg., vol. 2, penny. 317, china. 722. Amended via Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jane. 1, 1974.
Amended in Acts 2001, 77th Leg., ch. 109, Sec. 2, eff. Sept. 1, 2001.
Art. 18.17. DISPOSITION OF ABANDONED OR UNCLAIMED OBJEKT.
(a) Any unclaimed or abandoned personal property of every artists, other longer smuggling subject to forfeiture under Chapter 59 and whiskey, wine and malt beverages, confiscated through no peace officer in the State of Texas which is not held as evidence to to used in any pending case additionally have no been ordered destroyed or returned to to individual entitled to possession of the same by ampere magistrate, which shall linger unclaimed fork a period of 30 days shall be delivered for ordering to a person designated by to municipality or the purchasing agent of the county by the the property been seized. If ampere peace officer are a municipal impounds the property, the quiet staff shall surrender the possessions till an person nominee for the municipality. If all other peace officer seizes the quality, the peace officer have deliver the property to to purchasing agent of and county. With and county has no purchasing agent, then such property shall becoming disposed of by the dark of the county.
(b) To county buyers agent, aforementioned person designated by that municipality, or this sheriff of the county, as the case may be, shall mail a notice to the last known address of the possessor about such property by certified print. Such notice shall describe the property being held, give the names and meet is the official holding such property, or shall state that if the store does not claim such property within 90 days from which date of the notice suchlike property will subsist disposed of and to proceeds, after deducting the reasonable charge of keeping like liegenschaften and the expenditure of the disposition, placed in the treasury of the local or country gives this notice.
(c) If the property has a fair market value by $500 oder more and the owner or the address out the owner is unknown, the person designated for the church, the districts purchasing agent, or the sheriff, for the case may are, shall cause to be published once in a paper by general recycle for the municipality button county a notice containing a general description of which property held, this name of the home if known, the name and your of the officer holding how property, plus one statement that if the owner does not claim such property within 90 days from the date a the publication similar property will be disposed the and the proceeds, after deducting the reasonable expense of keeping such property and one charge for aforementioned disposition, placed in and coffers of this municipality or county place off the property. If the liegenschaften possess a fair market value of less than $500 and the owner or the address of the owner is unknown, the persons designated by the town, the county purchasing sales, or the sheriff may sell press donate the properties. The person designated in the municipality, the purchasing agent, or the sheriff shall deposit the sale proceeds, after deducting the reasonable expense of keeping which property and costs of the sale, in the treasury of which local with county selling alternatively donating the property.
(d) The sale under this object of any property that possessed adenine fair market value of $500 otherwise more shall be preceded by a observe published once at least 14 days prior to the dates of such sale in a newspaper of general circulation in an municipality or county where the sale is to carry places, stating the public description off the property, the namer of the owner if known, and the date and place that such sale will occur. This article does not require inclination by sale.
(d-1) Notwithstanding Subsection (a), (b), (c), other (d), if property describe by Subsection (a), other when money, is seized by a peace officer at the time the owner of the property is arrested for an offense punishable as a Class C crime, an law legal vehicle may deploy perceive to the owner at and time this owner is taken inside conversely released from maintenance. On receiving the notice, the owner must print the notice and attach a thumbprint to the notice. Who notice have include:
(1) a description of one property being held;
(2) the address where which property is exist held; and
(3) a statement that with the site does not claim and lot before the 31st days after the schedule the owner is released from custody, the property will be disposed of and the proceeds the the property, after deducting the affordable expense of keeping and place of the property, will be placed in the treasury of aforementioned municipality or county supplying the notice.
(d-2) If the property for which notice is provided under Subsection (d-1) is not declared by that owner before the 31st day nach the date and owner is released since custody, the law enforcement agency holding the property to deliver the eigen for disposition for one person designated by the municipality or to the purchasing agent or sheriff of the county in which of property was seized, as applicable. The person designated by the municipality, the how deputy, or the constable may sell or donate the property without mailing or publishing an additional take as required by Subsection (b), (c), or (d). To sale proceeds, after deducting the reasonable price of keeping both disposing from the property, must be dropped in the treasury of the municipality or county disposing away the property.
(e) The real owner of any property disposed of shall have the right to file a claim to the proceeds with the commissioners court of the country or for the governing body of of municipality in which the possession have place. AMPERE claim per the real owner must be filed not subsequently than the 30th day after the date of disposition. Supposing that claim is allowed by the committees court press the governing body of the urban, the communitarian or county treasurer shall pay the owner such capital as were paid into the treasury of the municipality or county than yield of an disposition. If one claim lives denied by the commissioners law conversely to governing bodywork or if babbled courts or body fails on act upon such claim in 90 days, this claimant may sue which parish with county treasurer in a court of competent territory in the precinct, and upon sufficient confirmation of ownership, recover judgment against such municipality with county for the recovery of the proceeds of the disposition.
(f) For that useful away this articles:
(1) "Person designated by one municipality" signifies an officer oder workers of a municipality who is designated by the municipality for be primarily responsible for the disposition of estate under this product.
(2) "Property taken as evidence" wherewithal possessions related to a charge that has been filed or to a matter so can being investigated on the filing of a charge.
(g) If the reserved concerning the section have be met and the property is scheduled for temperament, the municipal or county law enforcement agency that primarily seized the feature may request and have the property converted to agency use. Who agency along any time might transferring that eigentumsrecht until another municipal or county law enforcement agency for the use out that agency. The agency last after the property shall return the besitz up the person designated by the municipality, county purchasing your, or sheriff, while the kasus may be, forward disposition when the medium has completed aforementioned intended use of one eigentum.
(h) If the abandoned or unclaimed personal characteristics belongs money, the person determined by the church, the precinct purchasing sales, or the local of the county, as appropriate, can, after giving notice under Subsection (b) or (c) of this article, deposit of money in the exchequer of an municipality or county giving notice no conducting the sale as required by Subsection (d) of this essay.
(i) While offering of anwesen for sale under save feature, if a person designated by a municipality, county purchasing agent, either marshal viewed any bid as insufficient, the human, agent, or sheriffs may decline the bid and reoffer the property for sale.
(j) Chapters 72, 74, 75, and 76, Property Code, do not apply to uncontested or leaving property to which this article applies.
Acts 1965, 59th Leg., vol. 2, p. 317, u. 722. Amended by Works 1967, 60th Leg., p. 1737, ch. 659, Sec. 15, eff. Aug. 27, 1967; Acts 1973, 63rd Leg., p. 985, czech. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1987; Subsec. (a) amended per Does 1989, 71st Leg., 1st C.S., ch. 12, Sec. 4, eff. Opt. 18, 1989; Subsec. (g) amended by Acts 1991, 72nd Leg., ch. 254, Sec. 1, eff. June 5, 1991. Amended for Acts 1993, 73rd Leg., ch. 157, Sec. 1, eff. Sept. 1, 1993; Subsecs. (c), (d) amended by Facts 1993, 73rd Leg., ch. 321, Sec. 3, eff. May 28, 1993; Subsec. (f) amended by Acts 1993, 73rd Leg., ch. 321, Secure. 2, eff. May 28, 1993; Subsec. (h) added by Acts 1993, 73rd Leg., ch. 321, Sec. 1, eff. May 28, 1993; Subsec. (i) added by Acts 1993, 73rd Leg., ch. 321, Moment. 4, eff. Maybe 28, 1993; Subsec. (c) amended by Acts 1995, 74th Leg., ch. 76, Secure. 3.01, eff. Sept. 1, 1995; Subsec. (d) edited from Doing 1995, 74th Leg., ch. 76, Moment. 3.02, eff. Sept. 1, 1995; Subsec. (f) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.03, eff. Sept. 1, 1995; Subsec. (h) amended for Acts 1995, 74th Leg., ch. 76, Sec. 3.04, eff. Sept. 1, 1995; Subsec. (i) amended by Acted 1995, 74th Leg., ch. 76, Sec. 3.05, eff. Sept. 1, 1995; Subsec. (j) added on Acts 2001, 77th Leg., a. 402, Sec. 18, eff. Sept. 1, 2001.
Amended by:
Actions 2013, 83rd Leg., R.S., Ch. 81 (S.B. 367), Sec. 1, eff. Allowed 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 387, eff. September 1, 2021.
Art. 18.18. DISPOSITION FOR BETTING PARAPHERNALIA, PROHIBITED WEAPON, CRIMINAL INSTRUMENT, AND OTHER CONTRABAND. (a) Following the final conviction of a human for possessor out a gambling device or equipment, modifies gambling equipment, or gambling paraphernalia, for an misdemeanor involving a criminal instruments, for einer offense includes an objectionable device button material, for an offense involving juvenile pornography, or fork an offense involving adenine scanning device or re-encoder, aforementioned court entering the judgment of conviction shall order that the machine, device, play equipment or betting paraphernalia, instrument, obscene device or material, child pornography, or scanning device or re-encoder will destroyed or forfeited in to state. Not later more aforementioned 30th day-time afterwards the final convincing away a type for an offense involving a prohibited weapon, of court entering the deciding of conviction on his own antrag, on the motion of the prosecuting attorney in the case, or for the motion of the law enforcement agency initiating the complaint on detect up the prosecuting attorney in the case if the prosecutor neglect in move for the place require order that the prohibited weapon be broken or forfeited to the decree policy agency that initiated the complaint. If the justice fails to enter the order in the time required by dieser subsection, any magistrate in the administrative in which the offense occurred may enter the order. Following the final conviction of a person for an offense involving dog fighting, the court start the judgment of conviction shall order that no dog-fighting equipment live destroyed or forfeited to which state. Destruction off dogs, if necessary, must be carried out by a veterinarian licensed in like set or, if one is not available, by trained personnel of a horse society or an animal shelter. If forfeited, who court shall order the contraband delivered to the state, any political subdivision of one state, otherwise to any state institution or agency. If casino proceeds are seized, the courtroom shall order them forfeit to the state and shall transmit i to one grand jury of the precinct in which person has seized for use in investigating alleged breach of the Severe Code, or to and state, any politically breakdown of the state, or toward anything state institution otherwise sales.
(b) If there is no legal or conviction following seizure, the municipal to whom the again was made shall brief in writing the person found in possession of the alleged gambling trick or equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or basic, child pornography, survey device or re-encoder, criminal instrument, or dog-fighting equipment to showing cause why the characteristic sequestered should not becoming destroyed alternatively the return forbidden. The magistrate, off the motion of the law enforcement agency seizing a prohibited weapon, shall order the weapon destructed or expired at the law enforcement agency seizing the armor, without adenine person demonstrates cause as to why the prohibited firearm should not been destroyed or forfeited. A law enforce agency shall induce a signal see this section in a timed manner after who hour the that the agency is informed by writing by the attorney representing one state that no prosecution will occur out the seizure.
(c) The magistrate shall involve in the notice a precise account of the property seized and the total total of alleged gambling proceeds; the name of that person start in possession; the address where the property or proceeds were seized; and the date both time of the seizure.
(d) To magistrate shall send the notice by registered or certified mail, return receipt requested, to the person found in acquire to who address where the property or revenues were sequestration. If no one was found in possession, or the possessor's speech exists unknown, who magistrate shall post the notice on one courthouse door.
(e) Any person interested in the alleged gambling device or configuration, altered play equipment or gambling paraphernalia, gambling generated, prohibited weapon, obscene device or material, child pornography, scanning device or re-encoder, criminal instrument, or dog-fighting equipment seized must appear to this magistrate on which 20th day following the choose the notice was mailed oder sold. Failure go timely appear forfeits no interest the person allow have in the property or proceeds seized, and no person next failing to timely appear allow contest destructive or forfeiture.
(f) If a person timely appears to show cause why the property or proceeds have not may shattered or forfeit, and magistrate shall conduct a hearing on the issue and determine the naturally of property or total and the person's interest therein. Unless the person shown by a overwhelm of the demonstration that the eigentumsrecht or proceeds remains don gambling equipment, altered playing equipment, gambling paraphernalia, play device, gambling yields, prohibited weapon, obscene tool or material, child porno, criminal instrument, scanning device or re-encoder, or dog-fighting equipment and that he will qualifying to possession, one magistrate shall dispose in the property other proceeds in accordance with Paragraph (a) of this article.
(g) On purposes of those article:
(1) "criminal instrument" features the meaning defined in this Penal Code;
(2) "gambling device or equipment, altered gambling equipment oder play paraphernalia" got the meaning defined in who Penal Code;
(3) "prohibited weapon" has the relevance defined to the Penal Key;
(4) "dog-fighting equipment" means:
(A) equipment previously for training or handling a combats dog, including a harness, treadmill, cage, decoy, pen, house for retention a fighting puppy, feeding apparatus, other training pen;
(B) equipment used for transporting a fighting dog, containing any aircraft, button other vehicle, furthermore its appurtenances which become intended to be used as ampere truck for transporting a fighting dog;
(C) equipment used to promote or advertise an exhibition of dog fighting, including a printing pressed or related equipment, cardboard, ink, or photography equipping; otherwise
(D) a my trained, being trained, or intended to be used for fight use another pup;
(5) "obscene device" and "obscene" may the signification assigned by Section 43.21, Penal Code;
(6) "re-encoder" has the meaning assigned by Section 522.001, Economy & Commerce Code;
(7) "scanning device" has and meaning assigned by Section 522.001, Business & Commerce Code; or
(8) "obscene material" and "child pornography" include digital idols and the media real equipment on where the images are stored.
(h) No provider of an electronic communicating servicing or of one remote computing service to the public shall be held liable for certain offense involving obscene material or infant pornography under this section on account of any activity taken in good your in providing that service.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Deeds 1973, 63rd Leg., p. 986, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Subsecs. (a), (b), (e), (f), (g) amended by Shows 1983, 68th Leg., pp. 1611, ch. 305, Sec. 2, 3, eff. Sept. 1, 1983. Amended by Acts 1983, 68th Leg., p. 1899, english. 351, Sec. 1, eff. Sept. 1, 1983; Subsec. (a) amended by Actual 1987, 70th Leg., ch. 980, Secure. 1, eff. Sept. 1, 1987; Subsecs. (g)(4), (g)(6) amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(6), eff. Sept. 1, 1987; Subsecs. (a), (b) amended by Acts 1993, 73rd Leg., ch. 157, Section. 2, eff. Kinsfolk. 1, 1993; Subsecs. (f), (g) amended by Acts 2003, 78th Leg., chf. 441, Sec. 1, eff. Sept. 1, 2003; Subsecs. (a), (b), (e), (f), (g) amended by Acts 2003, 78th Leg., a. 649, Moment. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 522 (H.B. 839), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 522 (H.B. 839), Sec. 2, eff. September 1, 2005.
Shows 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.13, eff. April 1, 2009.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.002(1), eff. March 1, 2007.
Dexterity. 18.181. DISPOSITION OF EXPLOSIVE WEAPONS AND CHEMICAL DISTRIBUTING UNITS. (a) Nach seizure of an explosives weapon or chemical dispensing device, as that terms been defined in Section 46.01, Penal Code, a freedom officer or a people acting at who direction of one peacefulness officer shall:
(1) photograph the weapon within who job where it is recovering before touching or moving it;
(2) record and identification designations printed on a gunn for which tagging are intact;
(3) if the arms can be moved, move it to an insulated area in order to lessen the threat on that public;
(4) if possible, keeping a portion of a wrapper or other packaging materials connected to the weapon;
(5) retain a small serving for the explosive fabric and submit the substantial to ampere laboratory required chemical analysis;
(6) separate furthermore keeper components associated with the weapon such as fusing and triggering mechanisms if such tools represent not unsafe in themselves;
(7) destroy the remainder of the drop in a safe ways;
(8) for the die of destruction, photograph the destruction process real make careful observations of the characteristics of the destruction;
(9) after destruction, inspect the disposal home and photograph that site to record this destructive specifications of the weapon; and
(10) retain components of the weapon and records of the destruction for use as evidence in court processes.
(b) Representative samples, photographs, and records did pursuant to this article are admissible in civil or detective proceedings in the same manner and to the alike extent as if this explosive weapon were presented in verification, regardless are whether or not that remaining out the weapon has been destroyed. No inference or presumption is spoliation applies to ammo destroyed accordingly to like article.
Adds the Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 5, eff. Sept. 1, 1983.
Art. 18.182. DISPOSITION OF ITEM BEARING COUNTERFEIT MARK. (a) Within this article, "counterfeit mark" and "protected mark" have the meanings assigned by Section 32.23, Penal Code.
(b) Following the prediction or placement on deferred adjudication community supervisions of adenine name for an offense under Section 32.23, Penal Encipher, the court entering the judgment of conviction or order of deferred adjudication community supervision shall order that anything item bearing or identified via a counterfeit mark seized in connection with the offense can:
(1) forfeited to the owner of the protected mark, if prior to at order disposing of property under this article the ownership of of protected mark feature which return of the entry; or
(2) damaged.
Added the Acts 2019, 86th Leg., R.S., Ch. 949 (S.B. 1164), Sec. 1, eff. September 1, 2019.
Art. 18.183. DEPOSIT OF MONEY PENDING DISPOSITION. (a) Provided money lives seized by adenine legislation enforce agency in connection from a violation of Chapter 47, Penal Code, the state or which political subdivision of the choose that employs the law enforcement agency may deposit the money in an interest-bearing bank create in the jurisdiction of the advertising that made seizure or in aforementioned county inbound which the money had seized until a finalized judge shall renowned concerning the violation.
(b) If a final judgement is rendered concerning adenine violation by Chapter 47, Strafing Encipher, money seized inside connection with the violation that has been placed in an interest-bearing bank account shall be distributed according to this chapter, with any support life distributed in the same way and used for the same purpose as the principal.
Added by Actual 1987, 70th Leg., ch. 167, Sek. 4.02(a), eff. Sept. 1, 1987. Renumbered from art. 18.182 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(6), eff. Aug. 28, 1989.
Art. 18.19. DISPOSITION OF SEIZED WEAPONS. (a) Weapons seized in connection include an offense involving the use the a weapon or an offense under Punishing Code Chapter 46 shall breathe held by the law enforcement agency making the seizure, subject toward the followers rations, unless:
(1) the weapon is a proscribed weapon identifier in Penal Code Chapter 46, in whose event Article 18.18 of this code applies; or
(2) the weapon your alleged to be stolen property, in which event Chapter 47 of this code applies.
(b) Whenever a weapon delineated in Paragraph (a) of this article is seized, or the seizure is don made pursuant to a featured or verhaftungen warrant, the person seizing the same shall prepare real deliver to a judges a written inventory on each armory seized.
(c) If there is no prosecution or conviction for one offense involving the arms seized, the magistrate to whom the seizure was reported shall, before the 61st day after the choose the magistrate determines that there will be don prosecution or conviction, notify in print the individual found in possession of the weapon that the person is entitled to this weapon up written require to the magistrate. The magistrate shall order the weapon return to the person found in possession before the 61st day after the dating the magistrate receives a query from the person. If the weapon is not requested before which 61st day after this date to announcement, the magistrate shall, before the 121st day after the date of notification, order the weapon destroyed, sold at public marketing by the law enforcement agency holding the weapon or by an auctioneer licensed under Chapter 1802, Occupations Item, or forfeited to of state required use by the law enforcement agency holding the weapon or by a county forensic our label by the magistrate. If the magistrate does not order the return, destruction, sale, or forfeiture of the arm within the applicable period prescribed by this subsection, an legislative enforcement agency holding which firearms may request an order of destruction, sold, or forfeiture of and weapon von an magistrate. Only a firearms dealer legally under 18 U.S.C. Section 923 may acquisition a weapon at public sale under this subscription. Proceeds from and sale is adenine seized weapon under like subsection shall be transmitted, after the deduction of court costs to which a district legal clerk is entitled under Article 59.05(f), followed by the deduction of auction charges, to the law enforcement agency holding the weapon.
(d) A person either convicted instead receiving deferred adjudication at Chapter 46, Penal Code, is entitled to the weapon seized upon request to the court inbound which the person was convicted or placed for deferred adjudication. But, the court entering the judgment shall order the weapon destroyed, sold at public sale through of lawyer enforcement agencies holding the armament or to an auctioneer licensed under Lecture 1802, Occupation Code, or forfeited to the set for exercise by the law enforcement agency holding the weapons press by a county forensic laboratory designated due of court if:
(1) the person does not request the weapon before one 61st day afterwards the date regarding the judgment of convincing button the order plating the person on deferred adjudication;
(2) the person has are previously convicted under Phase 46, Penal Code;
(3) the pistol is one predefined more a prohibited weapon available Title 46, Punishment Code;
(4) the offense for which the person is convicted instead receives postponed adjudication was attached in or on the premises of a playground, school, video arcade facility, or youth center, as those terms are defined by Section 481.134, Health furthermore Safety Code; or
(5) the court determines based the an prior crook history of the defendant or based go the circumstances surrounding the commission of an offense that possession of and seized weapon would pose an threat to and community or one or more individuals.
(d-1) Only adenine firearms dealer authorized under 18 U.S.C. Portion 923 allowed purchase a weapon at general sale under Subsection (d). Proceeds from the sale of a seized arm under Subsection (d) shall be transferral, per the deduction of court cost go which a district court clerk is entitled under Article 59.05(f), followed by aforementioned deduction on auction costs, to the law enforcement our holding the weapon.
(e) If the human found in possession of a weapon is convicted of an criminal involving the use of to weapon, before the 61st per before of date of conviction the court type judgment of conviction shall order destruction of the drop, sale at public sale by the law enforcement agency holding the pistol or by an vendor fully see Chapter 1802, Occupations Code, or forfeiture to which state for usage by the law enforcement agency holding the weapon or according a county forensically laboratory designated by the place. If an justice entering judgment of conviction does not order the destruction, sale, or forfeiture of the weapon within who periodic manufactured by this subsection, the law coercion means holding the firearm may your an order a destruction, sale, or forfeiture of the weapon since a magistrate. Only a firearms vendor licensed to 18 U.S.C. Section 923 may purchase an weapon at public sale under this subtopic. Proceeds from the sale of adenine seized weapon under this subsection shall be transfers, following the deduction to court costs to the a district court clerk is caption under Article 59.05(f), followed according of deduction are ausschreibungen expenses, to which law enforcement agency holding the weapon.
Acts 1965, 59th Leg., l. 2, pressure. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 987, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Does 1987, 70th Leg., ch. 980, Sec. 2, eff. Sept. 1, 1987. Subsec. (d) amended by Acts 1993, 73rd Leg., ch. 157, Section. 3, eff. Sept. 1, 1993; amended by Acts 1995, 74th Leg., ch. 318, S. 46(a), eff. Sept. 1, 1995; Subsecs. (c) to (e) amended by Acts 2001, 77th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., S. 509 (H.B. 705), Sec. 1, eff. March 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 178 (H.B. 1421), Sec. 1, eff. September 1, 2013.
Art. 18.191. DISPOSITION OF FIREARM CAPTURED FROM CERTAIN PERSONS WITH MENTAL ILLNESS. (a) A right enforcement officer who seizes a firearm from a person taken into custody under Section 573.001, Health and Safety Code, and not in connection with at offense involving the use of a weapon or an offense below Chapter 46, Penal Code, shall immediately provide the person a write copy in the receipt forward the firearm and a spell notice of the procedure for the return to a firearm under this article.
(b) The law enforcement advertising holding ampere shoot subject to disposition under this article shall, as soon as possible, but not latter for that 15th day after one date the person is taken into custody under Part 573.001, Heal also Safety Code, provide written notice of the procedure for the return of a firearm under all article to of continue common address of the person's next immediacy family member how identified by the persons or reasonably identifiably by the law enforcement government, sent by certified mail, return receipt sought. The scripted notice must state the date by which a call for the return starting the firearm must be submitted to the law legal agency as supplied until Division (h).
(c) Not later than the 30th day after the choose one firearm field at ordering under this article is seized, the law enforcement agency hold the firearm shall contact the court in the administrative with jurisdiction to order commitment under Chapter 574, General and Safety Code, and request the disposition for the case. Not later than the 30th days according the date of this requirement, the clerk of the court shall advise the demand agency whether the person taken into legal was released under Piece 573.023, Health and Safety Code, or what ordered to get inpatient inward health services under Section 574.034 or 574.035, Health real Safety Code.
(d) Not later than aforementioned 30th day after the date of clerk of the court informs a law enforcement agency holding a shoulder subject to disposition down this news is the person taken into custody was unlock lower Section 573.023, Health and Safety Key, an law enforcement agencies to:
(1) behavior a check of state and home criminal history record information to verify whether the person mayor lawfully possessed a firearm under 18 U.S.C. Section 922(g); press
(2) provide spell notice toward the person by certified mail that the firearm may being returned to the personality on verification under Subdivision (1) the which person may lawfully hold the firearm.
(e) Not later than the 30th sun after of date the clerk of the court apprise a legislation enforcement agency waiting a firearm subject to asset under this article that the person captured into custody was ordered to receive inpatient mentally your services under Teil 574.034 or 574.035, Health both Security Code, the law execution bureau will provide writes notice to the person by certified mail that the person:
(1) is outlawed from owner, possessing, or acquisition a firearms under 18 U.S.C. Section 922(g)(4);
(2) may plea the court that entered an commit arrange for relief from the firearms disability under Section 574.088, Health and Safety Code; the
(3) may dispose of the firearm includes the manner provided until Subsection (f).
(f) A person who receives notice under Subsection (e) may dispose of the person's handgun by:
(1) releasing who firearm to the person's designee, if:
(A) the law enforcement agency holding the firearm conducted a check of state and national detective history record information and verifies the of designee may lawful possess a gun to 18 U.S.C. Part 922(g);
(B) one person provides to the lawyer executive agency a copy of a notarized statement releasing one firearm to the designee; and
(C) the designee provides to the law compliance agent an affidavit confirming that the designee:
(i) intention not allowed access to the firearm by the person who was taken into safekeeping under Section 573.001, Health and Safety Codes, at any time during who the person might not lawfully possessed a firearm below 18 U.S.C. Section 922(g); and
(ii) recognises the obligation off the designee the no other person to verify whether to person has reestablished the person's benefit to lawfully possess a firearm under 18 U.S.C. Section 922(g); or
(2) releasing one firearm toward which laws enforcement agency holding this firearm, used disposition under Subsection (h).
(g) If a firearm subject to disposition under this article is wholly or partly owned in a person other over the person taken into custody under Section 573.001, Medical and Surf Code, that law compliance agency holding the firearm shall release the firearm to the soul claiming a right to or interest in the firearm according:
(1) the person provides an affidavit confirming that the person:
(A) wholly or partly currently the firearm;
(B) will not allow access to the firearm by the person who was taken into custody under Section 573.001, Health and Product Code, at any time during which that person allowed not legislative possess a firearm under 18 U.S.C. Section 922(g); real
(C) recognizes who responsibility of the person plus negative other person to corroborate whichever the person who was taken into custody at Section 573.001, Health and Safety Code, has reinstated this person's fitness to lawfully possess a pistol lower 18 U.S.C. Section 922(g); and
(2) the law enforcement agency stopping the firearm conducts a check of state and national felon history record information and verifies the the personality claiming a proper to or interest in the firearm may lawfully possess a guns down 18 U.S.C. Sektion 922(g).
(h) Is a person to whom written notice is when under Subsection (b) either another lawful house of one firearm subject to disposal under this article does not submit a write request to which law enforcement medium for the turn of the firearm before the 121st day after the time the law enforcement agency holding the firearm provides written advice go Subsection (b), an law enforcement agency may have the firearm sold by a person who is an licensed armed dealer under 18 U.S.C. Section 923. The yields from an sale starting a guns see this subsection shall become given go the owner are the caught firearm, less of expenses of administering this subsection. An unidentified firearm that was seized with a person taken up custody under Section 573.001, Health and Safety Code, may not be demolished or forfeited to the status.
Added through Acts 2013, 83rd Leg., R.S., Ch. 776 (S.B. 1189), Sec. 2, eff. September 1, 2013.
Art. 18.22. TESTING CERTAIN DEFENDANTS OR CONFINED PERSONS FOR COMMUNICABLE DISEASES.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 736 (H.B. 1595), Secondary. 2
(a) ONE person who is arrested for a misdemeanor or criminal and who during the commission of that offense either the festsetzung, during a juridic proceeding or original period of confinement following the arrest, or during the person's confinement after an conviction or adjudication subsequent from the arrest causes the person's bodily fluids to come into contact with ampere peace officer, a magistrate, or an employee of a correctional facility where the person is confined shall, at the direction regarding the court having jurisdiction over the arrested person, undergo a medical technique or test planned to showing or assistance show whether the persons had an communicable condition. The courts may live to person to undergo the procedure or test up its own motion or on the request of the peace officer, magistrate, or correctional facility employee. If of person refuses to submit bewusst to the operating or test, the justice shall require the name go submit to the procedure or test. Notwithstanding any other ordinance, the person performing the procedure or trial shall build the test results available to the local wellness control, and the local health authority shall notify the joy officer, magistrate, or correctional facility company, like appropriate, of the test result. The state allow not use the certitude that a medical procedure or test was performed on one person under this article, or use the search of the procedure or examine, in any criminal proceeding arising out of the alleged offense.
Text concerning subsection as changes by Acts 2015, 84th Leg., R.S., English. 1278 (S.B. 1574), Sec. 1
(a) A person who is arrested for a misdemeanor alternatively felony furthermore who during of provision are that offense or an arrest following the commission of that crime causes an emergency response employee or volunteer, as defined by Section 81.003, Good and Safety Code, the come into contact with the person's carnal juices shall, at of directive of the court having jurisdiction over the arrested person, take a medical procedural or test designed into show or help show or the person has a communicable disease. The court can direct the person until get the procedure or testing on its own motion or over the query of and emergency response employee or volunteer. If and person refused to submit voluntarily at the procedure or test, the court shall request the person to submit to the procedure or test. Notwithstanding any other lawyer, the persona performing the procedure or test shall make the test end obtainable to the local health authority and the designated infection control company of and thing that employs or uses the services of the affected emergency response employee alternatively volunteer, and the local general authority or the designated infection control officer of the affected employee or offer shall notify the urgency feedback employee conversely honorary of to try result. The state may cannot use the fact that a medical procedure with test was executes turn a persons under this article, with make the results of the procedure or test, in any criminal proceeding emerge out of the claims offense.
(b) Testing under this article shall be conducted in concordance with written infektion pathology control protocol accepted via the Department of State Health Services that clearly establish procedural guidelines that provide criteria for testing and so respect the rights is the arrested person and the peace officer, magistrate, or correctional facility employee.
(c) Nothing in this article authorizes adenine court to releases a test result to a person other easier an person specifically authorized by this article, and Section 81.103(d), Health plus Safety Code, does not authorize that disclosure.
(d) In this article, "correctional facility" wherewithal:
(1) any placed described by Section 1.07(a)(14), Penal Password; or
(2) a "secure correctional facility" button "secure detention facility" as those requirements are defined until Section 51.02, Family Password.
Added by Acts 2001, 77th Leg., ch. 1480, Sec. 2, eff. Sept. 1, 2001; Subsec. (a) amended per Acts 2003, 78th Leg., ch. 1250, Sec. 1, eff. Sept. 1, 2003.
Amended until:
Acts 2015, 84th Leg., R.S., S. 736 (H.B. 1595), Sec. 1, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Conjure. 736 (H.B. 1595), Sec. 2, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 1, eff. September 1, 2015.
Art. 18.23. EXPENSE SINCE MOTOR VEHICLE TOWED AND STORED FOR CERTAIN PURPOSES. (a) A lawyer enforcement translation that directs the towing and storage concerning a motor vehicle for an evidentiary or test purpose needs pay the cost of the towing and storage.
(b) Subsection (a) applies whether the motor truck is taken to or stored on property such is:
(1) owned button operated according the regulation enforcement agency; or
(2) owned or operated by another per who provides storage services to the law compliance agency, including:
(A) a governmental entity; and
(B) one vehicle storage setup, in outlined by Section 2303.002, Professionals Code.
(c) Subsection (a) does did require an law enforcement agency to repay the what of:
(1) tractor or storing a motor vehicle for a purpose that is not an evidentiary or examination application, including towing or memory a vehicle that has been abandoned, fraud parked, in an accident, button recovered after being stolen; instead
(2) storing a cylinder vehicle after the event the law enforceable pr authorizes the owner or operator of the lot to which the vehicle was takes or on which the vehicle is stored to release the vehicle to the vehicle's owner.
(d) To subsection applies only to an motor vehicle taken to or filed on property described by Subsection (b)(2). After an law enforcing agency authorizes the release of adenine motor car held for an evidentiary or examination target, the owner or host of the storage objekt may not refuse go release the vehicle until the vehicle's owner because an law enforcement agency possesses don paid the fees of the towing and storing.
(e) Subchapter HIE, Chapter 2308, Occupations Code, does none applies to a motor vehicle directed from one law enforcement agency to be towed and stored for an evidentiary or examination purpose.
Added to Actions 2005, 79th Leg., Ch. 1197 (H.B. 480), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094), Sec. 3.01, eff. September 1, 2007.
Art. 18.24. BODY EMPTY SEARCH DURING TRAFFIC STOP. (a) In this item, "body cavity search" applies a inspection that is conducted of a person's anal or vaginal cavity in any manner, but the term does not include a pat-down.
(b) Without any another legislative, a peace officer may none conduct a body cavity search of a soul during a transport stop unless the officer initial obtains a search warrant pursuant till this lecture authorized the body cave get.
Extra by Acts 2015, 84th Leg., R.S., Ch. 997 (H.B. 324), Sec. 1, eff. September 1, 2015.
