HBA-EDN H.B. 619 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 619
By: Capelo
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a sworn affidavit setting forth substantial facts
establishing probable cause is required before the issuance of a search
warrant.  However, according to the language of the Texas Constitution, a
search warrant may be supported by oath or affirmation.  House Bill 619
authorizes such an affidavit to be sworn to or affirmed by the affiant,
thus conforming statutory language to the language found in the
constitution.  

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 619 amends the Code of Criminal Procedure to authorize an
affidavit setting forth substantial facts establishing probable cause for a
search warrant to be affirmed by the affiant.  

EFFECTIVE DATE

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