SRC-JBJ S.B. 919 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 919
By: Wentworth
Criminal Justice
3/30/1999
As Filed


DIGEST 

Currently, every executed search warrant affidavit is immediately
accessible to the public.  An affidavit sets forth facts to establish
probable cause and must be filed to request a search warrant.  Laying out
all evidence uncovered during the course of an investigation, the
information is available to the public, possibly, before the offender is
identified or apprehended.  Texas is the only state that makes the
affidavits public information. 

Sealing affidavits protects the integrity of ongoing investigations.  To
continue to make government documents available, a search warrant affidavit
remains accessible to the public, unless a party can show a compelling
state interest to temporarily seal the affidavit.  S.B. 919 would authorize
a district or appellate court to seal an affidavit when there is a
compelling state interest.  

PURPOSE

As proposed, S.B. 919 authorizes a court to temporarily seal a search
warrant affidavit. 

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 an affidavit is public information if executed, except as provided by
Article 18.011. 

SECTION 2.  Amends Chapter 18, Code of Criminal Procedure, by adding
Article 18.011, as follows: 

Art. 18.011.  SEALING OF AFFIDAVIT.  Authorizes an attorney representing
the state in the prosecution of felonies to request a district judge or an
appellate court judge to seal an affidavit presented under Article
18.01(b).  Authorizes the judge to order the affidavit sealed if the
attorney establishes certain compelling state interest.  Establishes that
the order expires within a certain period of time.  Authorizes the attorney
to request a judge to reseal the expiring original order and to grant
certain findings.  Requires the order to be unsealed upon the expiration of
the order or extension.  Prohibits an order under this section from
prohibiting certain disclosure and from affecting the right of a defendant
to discover the contents of an affidavit. 

SECTION 3.  Effective date: September 1, 1999.
  Makes application of this Act prospective.