78R1583 EMT-F

By:  Keel                                                         H.B. No. 13 



A BILL TO BE ENTITLED

AN ACT

relating to making arrest warrants and certain affidavits made in 
support of the issuance of arrest warrants available for public 
inspection.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 15.26, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 15.26.  AUTHORITY TO ARREST MUST BE MADE KNOWN.  In 
executing a warrant of arrest, it shall always be made known to the 
accused under what authority the arrest is made.  The warrant shall 
be executed by the arrest of the defendant.  The officer need not 
have the warrant in his possession at the time of the arrest, 
provided the warrant was issued under the provisions of this Code, 
but upon request he shall show the warrant, and any affidavit 
presented to the magistrate in support of the issuance of the 
warrant, to the defendant as soon as possible.  If the officer does 
not have the warrant in his possession at the time of arrest he 
shall then inform the defendant of the offense charged and of the 
fact that a warrant has been issued. 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.
	SECTION 2.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.