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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of an affidavit presented to a magistrate in |
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support of the issuance of an arrest warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.26, Code of Criminal Procedure, is |
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amended to read as follows: |
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AUTHORITY TO MAKE ARREST MUST BE MADE KNOWN. In executing a |
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warrant of arrest, it shall always be made known to the accused |
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under what authority the arrest is made. The warrant shall be |
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executed by the arrest of the defendant. The officer need not have |
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the warrant in his possession at the time of the arrest, provided |
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the warrant was issued under the provisions of this Code, but upon |
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request he shall show the warrant to the defendant as soon as |
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possible. If the officer does not have the warrant in his |
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possession at the time of arrest he shall then inform the defendant |
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of the offense charged and of the fact that a warrant has been |
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issued. The arrest warrant, and any affidavit presented to the |
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magistrate in support of the issuance of the warrant, is public |
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information, and beginning immediately when the warrant is executed |
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the magistrate's clerk shall make a copy of the warrant [and the
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affidavit] available for public inspection in the clerk's office |
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during normal business hours. If the affidavit was presented in |
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support of an arrest warrant for more than one person, the |
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magistrate's clerk shall make the affidavit available for public |
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inspection in the clerk's office during normal business hours |
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immediately after the execution of all warrants for which the |
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affidavit was presented in support. A person may request the clerk |
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to provide copies of the warrant and affidavit on payment of the |
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cost of providing the copies. |
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SECTION 2. This Act takes effect September 1, 2009. |