C.S.H.B. 13 78(R)    BILL ANALYSIS


C.S.H.B. 13
By: Keel
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Article 15.17, 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. C.S.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 arrest has been carried out. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 13 amends the Code of Criminal Procedure to clarify that an
arrest warrant and any affidavit presented to the magistrate, in support
of the issuance of the warrant, is public information and is available for
public inspection. The bill gives the responsibility of making the
documentation public to the magistrate's clerk. The bill also allows a
person to request copies of the warrant and affidavit on payment of the
cost of providing the copies.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds a provision to the original bill to allow a person to
request copies of the warrant and affidavit on payment of the cost of
providing the copies. The substitute removes the provision contained in
the original bill, that required the arresting officer to show the
affidavit to the defendant upon request.