By Talton                                             H.B. No. 1654
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disclosure to the public of information in certain
 1-3     arrest warrants and the affidavits filed in connection with the
 1-4     application for those warrants.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 15, Code of Criminal Procedure, is amended
 1-7     by adding Article 15.265 to read as follows:
 1-8           Art. 15.265.  NONDISCLOSURE OF CERTAIN ARREST WARRANTS AND
 1-9     RELATED AFFIDAVITS. (a)  Information in an arrest warrant issued by
1-10     a magistrate is not required to be disclosed to the public until
1-11     the date the warrant is executed or the 30th day after the date the
1-12     warrant is issued, whichever is earlier.
1-13           (b)  An affidavit filed with a magistrate in connection with
1-14     the application for the issuance of an arrest warrant is not
1-15     required to be disclosed to the public until the date the warrant
1-16     is executed or the 30th day after the date the affidavit is filed,
1-17     whichever is earlier.
1-18           (c)  Subsections (a) and (b) of this article do not prohibit
1-19     disclosure to the public of information contained in an arrest
1-20     warrant or an affidavit filed in connection with the application
1-21     for the issuance of the warrant, if:
1-22                 (1)  disclosure of the information to the public would
1-23     assist in the arrest of the individual named in the warrant; or
1-24                 (2)  nondisclosure of the information to the public
 2-1     would jeopardize the safety of the public.
 2-2           (d)  Subsections (a) and (b) of this article do not apply to
 2-3     a warrant for the arrest of an individual for a misdemeanor offense
 2-4     punishable by fine only or an affidavit filed in connection with
 2-5     the application for the issuance of the warrant.
 2-6           SECTION 2.  Article 15.26, Code of Criminal Procedure, is
 2-7     amended to read as follows:
 2-8           Art. 15.26.  AUTHORITY TO ARREST MUST BE MADE KNOWN. In
 2-9     executing a warrant of arrest, it shall always be made known to the
2-10     accused under what authority the arrest is made.  The warrant shall
2-11     be executed by the arrest of the defendant.  The officer need not
2-12     have the warrant in his possession at the time of the arrest,
2-13     provided the warrant was issued under the provisions of this Code,
2-14     but upon request he shall show the warrant, and any affidavit
2-15     presented to the magistrate in support of the issuance of the
2-16     warrant, to the defendant as soon as possible.  If the officer does
2-17     not have the warrant in his possession at the time of arrest he
2-18     shall then inform the defendant of the offense charged and of the
2-19     fact that a warrant has been issued.  The arrest warrant, and any
2-20     affidavit presented to the magistrate in support of the issuance of
2-21     the warrant, is public information, and beginning immediately when
2-22     the warrant is executed the magistrate's clerk shall make a copy of
2-23     the warrant and the affidavit available for public inspection in
2-24     the clerk's office during normal business hours.
2-25           SECTION 3.  This Act takes effect immediately if it receives
2-26     a vote of two-thirds of all the members elected to each house, as
2-27     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.