SRC-JJJ S.B. 1000 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1000
By: Wentworth
Criminal Justice
4/12/1999
As Filed


DIGEST 

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

PURPOSE

As proposed, 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

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 15.26, Code of Criminal Procedure, to establish
that an officer does not need to have an arrest warrant in his possession
at the time of an arrest, but is required to show the warrant, and any
affidavit filed with the magistrate and related to the issuance of a
warrant, to the defendant as soon as possible.  Provides 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. 

 Effective date: 90 days after adjournment.