SUMMARY OF BILL
REPORTED FROM COMMITTEE
The bill would amend the Code of Criminal Procedure to do the following:
-- Prohibit a law enforcement officer from entering or searching a residence without a valid search warrant, except under exigent circumstances or as otherwise provided in the bill, if a resident expressly objected to the entry or the search, regardless of whether another resident consented.
-- Provide that evidence knowingly obtained in violation of that prohibition would be inadmissible in a criminal action against the person who objected, but could be used to revoke parole or probation or to impeach a defendant's testimony.
-- Specify that the prohibition would not apply if a resident who consented to an entry or search were the victim of an alleged crime committed by a resident who objected to the entry or search.
-- Specify that a minor resident's objection could not prevent a warrantless entry or search if the minor's parent or guardian, who also was a resident, consented to the entry or search.
-- Specify that the bill would apply only to an individual who was a resident at the residence at which entry was sought.
The bill would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.