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


Office of House Bill AnalysisH.B. 1501
By: Hupp
Public Safety
3/13/2001
Introduced



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.  House Bill 1501
requires an officer performing a search 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

House Bill 1501 amends the Code of Criminal Procedure to require an officer
performing a search with or without a warrant 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.   

EFFECTIVE DATE

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