HBA-NMO H.B. 3228 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3228
By: Capelo
Criminal Jurisprudence
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires that a sworn affidavit setting forth substantial facts
establishing probable cause be filed in every instance in which a search
warrant is requested.  The law, however, does not allow the filing of an
affidavit by an affiant who does not swear by taking the traditional oath
which invokes the name of God.  H.B. 3228 requires that an affidavit sworn
to or affirmed by the affiant, rather than a sworn affidavit, setting forth
substantial facts establishing probable cause be filed in every instance in
which a search warrant is requested.  

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(b), (c), (f), and (g), Code of Criminal
Procedure, to require that an affidavit sworn to or affirmed by the
affiant, rather than a sworn affidavit, setting forth substantial facts
establishing probable cause be filed in every instance in which a search
warrant is requested. Makes conforming changes. 

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