By: Keel (Senate Sponsor - Wentworth) H.B. No. 13
(In the Senate - Received from the House April 2, 2003;
April 7, 2003, read first time and referred to Committee on
Criminal Justice; May 21, 2003, reported favorably by the
following vote: Yeas 5, Nays 0; May 21, 2003, sent to printer.)
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 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. A person may request the clerk to
provide copies of the warrant and affidavit on payment of the cost
of providing the copies.
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.
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