HBA-RBT S.B. 1000 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1000
By: Wentworth
Criminal Jurisprudence
5/13/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, Texas law mandates that arrest warrants and any underlying
affidavits to be shown to the person being arrested by the magistrate.
Texas law also mandates that the authority for an arrest be made known to
the accused, but it is unclear by whom and where the original paperwork
will be held for public inspection upon the arrest of the accused.  S.B.
1000 establishes provisions regarding the making of arrest warrants and
certain affidavits made in connection with the issuance of arrest warrants
available for public inspection. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 15.26, Code of Criminal Procedure, to provide
that the arrest warrant, and any affidavit filed in relation to the
warrant, is public information upon execution of the warrant, and requires
the magistrate's clerk and the attorney representing the state to make a
copy of the warrant and affidavit available during normal business hours. 

SECTION 2.  Effective date: September 1, 1999.