SRC-AXB H.B. 234 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 234
76R2134  GWK-DBy: Keel (Wentworth)
Criminal Justice
4/28/1999
Engrossed


DIGEST 

Currently, a search warrant affidavit is public record upon execution of a
warrant.  However, some counties have failed to make the records available
because of a lack of specificity regarding the venue for record
availability.  H.B. 234 specifies that the public is entitled to inspect a
copy of a search warrant affidavit in the office of the magistrate's clerk
during normal business hours. 

PURPOSE

As proposed, H.B. 234 specifies that the public is entitled to inspect a
copy of a search warrant affidavit in the office of the magistrate's clerk
during normal business hours. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.01(b), Code of Criminal Procedure, to provide
that a search warrant is public information if executed, and the
magistrate's clerk shall make a copy of the affidavit available for public
inspection in the clerk's office during normal business hours. 

SECTION 2.  Emergency clause.
  Effective date:  upon passage.