By: Wentworth S.B. No. 1000
A BILL TO BE ENTITLED
AN ACT
1-1 relating to making arrest warrants and certain affidavits made in
1-2 connection with the issuance of arrest warrants available for
1-3 public inspection.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 15.26, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 15.26. Authority to Arrest Must be Made Known. In
1-8 executing a warrant of arrest, it shall always be made known to the
1-9 accused under what authority the arrest is made. The warrant shall
1-10 be executed by the arrest of the defendant. The officer need not
1-11 have the warrant in his possession at the time of the arrest,
1-12 provided the warrant was issued under the provisions of this Code,
1-13 but upon request he shall show the warrant to the defendant as soon
1-14 as possible. If the officer does not have the warrant in his
1-15 possession at the time of arrest he shall then inform the defendant
1-16 of the offense charged and of the fact that a warrant has been
1-17 issued. The arrest warrant, and any affidavit filed with the
1-18 magistrate and related to the issuance of the warrant, is public
1-19 information beginning immediately when the warrant is executed, and
1-20 the magistrate's clerk and the attorney representing the state in
1-21 the prosecution of the case shall make a copy of the warrant and
1-22 the affidavit available in the clerk's or attorney's office during
1-23 normal business hours.
1-24 SECTION 2. This Act takes effect September 1, 1999.