(1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples;
(2) 10 whole days if the warrant is issued under Article 18B.354 or Subchapter G-1, Chapter 18B; or
(3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).
(b) The magistrate issuing a search warrant under this chapter, Chapter 18A, or Chapter 18B shall endorse on the search warrant the date and hour of its issuance.
(c) If a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized before the expiration of the time allowed. Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection (a).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 761 (S.B. 743), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 772 (H.B. 1891), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 3, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.07, eff. January 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 488 (H.B. 3363), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 536 (S.B. 112), Sec. 3, eff. September 1, 2021.
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