By: Wentworth S.B. No. 1000
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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, and any affidavit filed
1-14 with the magistrate and related to the issuance of the warrant, to
1-15 the defendant as soon as possible. If the officer does not have
1-16 the warrant in his possession at the time of arrest he shall then
1-17 inform the defendant of the offense charged and of the fact that a
1-18 warrant has been issued. The arrest warrant, and any affidavit
1-19 filed with the magistrate and related to the issuance of the
1-20 warrant, is public information beginning immediately when the
1-21 warrant is executed, and the magistrate's clerk and the attorney
1-22 representing the state in the prosecution of the case shall make a
2-1 copy of the warrant and the affidavit available in the clerk's or
2-2 attorney's office during normal business hours.