SRC-TAG H.B. 13 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 13
78R6240 EMT-FBy: Keel (Wentworth)
Criminal Justice
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Currently,  the Code of Criminal Procedure mandates that arrest warrants
and any underlying affidavits filed therewith must be shown by the
magistrate to the person being arrested. However, it is unclear which
official has the duty to be the custodian of such records. H.B. 13
clarifies that it is the  responsibility of the magistrate's clerk to have
the arrest warrants and any affidavits related thereto available for
access by any interested person once the warrant has been executed. 

RULEMAKING AUTHORITY

This bill does not expressly 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 presented to the magistrate in
support of the issuance of the warrant, is public information, and
beginning immediately when the warrant is executed the magistrate's clerk
shall make a copy of the warrant and the affidavit available for public
inspection in the clerk's office during normal business hours.  Authorizes
a person to request the clerk to provide copies of the warrant and
affidavit on payment of the cost of providing the copies. 

SECTION 2.  Effective date: upon passage or September 1, 2003.