HBA-JLV H.B. 1999 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1999
By: Cook
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Current law exempts certain counties served by one attorney who is also a
judge from the requirement of signing an evidentiary search warrant.
Colorado County is part of a four-county district with two district judges
who are licensed attorneys, but neither of whom reside in Colorado County.
It was recently determined that an evidentiary search warrant issued by a
local justice of the peace was improper since two district judges serve
Colorado County.  Consequently, it is now necessary for peace officers
seeking an evidentiary search warrant in Colorado County to travel to have
an evidentiary search warrant signed. House Bill 1999 authorizes a
magistrate to issue a search warrant in a county in which the only judges
serving the county who are licensed attorneys are two or more district
judges each of whose district includes more than one county. 

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 1999 amends the Code of Criminal Procedure to authorize a
magistrate to issue a search warrant for property, items, or contraband of
an accused in a county in which the only judges serving the county who are
licensed attorneys are two or more district judges each of whose district
includes more than one county. 

EFFECTIVE DATE

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