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By: Keel H.B. No. 47
A BILL TO BE ENTITLED
AN ACT
relating to imposing a civil penalty on a clerk who fails to make
available to the public certain information with respect to an
arrest or search warrant.
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. (a) 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.
(b) 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. If the clerk fails to make a copy of the
warrant and the affidavit available as required by this subsection,
the clerk is liable to the state for a civil penalty in the amount of
$1,000 for each violation. The attorney general may sue to collect
a civil penalty under this subsection. A civil penalty collected
under this subsection shall be deposited in the state treasury to
the credit of the general revenue fund.
SECTION 2. Article 18.01(b), Code of Criminal Procedure, is
amended to read as follows:
(b) No search warrant shall issue for any purpose in this
state unless sufficient facts are first presented to satisfy the
issuing magistrate that probable cause does in fact exist for its
issuance. A sworn affidavit setting forth substantial facts
establishing probable cause shall be filed in every instance in
which a search warrant is requested. The affidavit is public
information if executed, and the magistrate's clerk shall make a
copy of the affidavit available for public inspection in the
clerk's office during normal business hours. If the clerk fails to
make a copy of the affidavit available as required by this
subsection, the clerk is liable to the state for a civil penalty in
the amount of $1,000 for each violation. The attorney general may
sue to collect a civil penalty under this subsection. A civil
penalty collected under this subsection shall be deposited in the
state treasury to the credit of the general revenue fund.
SECTION 3. The change in law made by this Act applies only
to an arrest or search warrant that is issued on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.