(1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2) the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
(b) An order sealing an affidavit under this section expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed. After an original order sealing an affidavit is issued under this article, an attorney representing the state in the prosecution of felonies may request, and a judge may grant, before the 31st day after the date on which the search warrant for which the affidavit was presented is executed, on a new finding of compelling state interest, one 30-day extension of the original order.
(c) On the expiration of an order issued under Subsection (b) and any extension, the affidavit must be unsealed.
(d) An order issued under this section may not:
(1) prohibit the disclosure of information relating to the contents of a search warrant, the return of a search warrant, or the inventory of property taken pursuant to a search warrant; or
(2) affect the right of a defendant to discover the contents of an affidavit.
Added by Acts 2007, 80th Leg., R.S., Ch. 355 (S.B. 244), Sec. 2, eff. September 1, 2007.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 18.011. Sealing of Affidavit
Article 18.02. Grounds for Issuance
Article 18.021. Issuance of Search Warrant to Photograph Injured Child
Article 18.0215. Access to Cellular Telephone or Other Wireless Communications Device
Article 18.03. Search Warrant May Order Arrest
Article 18.04. Contents of Warrant
Article 18.05. Warrants for Fire, Health, and Code Inspections
Article 18.06. Execution of Warrants
Article 18.065. Execution of Warrant Issued by District Judge for DNA Specimen
Article 18.067. Execution of Warrant for Blood Specimen in Intoxication Offense
Article 18.07. Days Allowed for Warrant to Run
Article 18.08. Power of Officer Executing Warrant
Article 18.09. Shall Seize Accused and Property
Article 18.095. Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia
Article 18.10. How Return Made
Article 18.11. Custody of Property Found
Article 18.12. Magistrate Shall Investigate
Article 18.13. Shall Discharge Defendant
Article 18.14. Examining Trial
Article 18.15. Certify Record to Proper Court
Article 18.16. Preventing Consequences of Theft
Article 18.17. Disposition of Abandoned or Unclaimed Property
Article 18.181. Disposition of Explosive Weapons and Chemical Dispensing Devices
Article 18.182. Disposition of Item Bearing Counterfeit Mark
Article 18.183. Deposit of Money Pending Disposition
Article 18.19. Disposition of Seized Weapons
Article 18.191. Disposition of Firearm Seized From Certain Persons With Mental Illness
Article 18.22. Testing Certain Defendants or Confined Persons for Communicable Diseases
Article 18.23. Expenses for Motor Vehicle Towed and Stored for Certain Purposes