79R194 PEP-D

By:  Keel                                                         H.B. No. 47 



A BILL TO BE ENTITLED

AN ACT

relating to imposing a civil penalty on a county that 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 county 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 county 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.