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


Senate Research CenterC.S.S.B. 1000
76R10974 GWK-DBy: Wentworth
Criminal Justice
4/15/1999
Committee Report (Substituted)


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.  C.S.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, C.S.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 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. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  
 
Amends Article 15.26, Code of Criminal Procedure, to delete proposed text
regarding any affidavit filed with the magistrate and related to the
issuance of the warrant. 

SECTION 2.  

 Effective date: September 1, 1999.