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A BILL TO BE ENTITLED
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AN ACT
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relating to the temporary sealing of certain complaints or |
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affidavits on which arrest warrants are based. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.052 to read as follows: |
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Art. 15.052. SEALING OF COMPLAINT. (a) An attorney |
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representing the state in the prosecution of felonies may request a |
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district judge or the judge of an appellate court to seal a |
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complaint made in accordance with Article 15.05. The judge may |
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order the complaint sealed if the attorney establishes, as a |
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compelling state interest, that public disclosure of the complaint |
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would jeopardize the safety of a victim, witness, or confidential |
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informant or cause the destruction of material that may constitute |
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evidence in the case. |
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(b) An order sealing a complaint under this article expires |
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on the 31st day after the date on which the arrest warrant for which |
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the complaint was presented is executed. |
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(c) On request by an attorney representing the state in the |
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prosecution of felonies, a judge may grant a single 30-day |
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extension of the original order on a new finding of the compelling |
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state interest described in Subsection (a). A request for an |
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extension must be made before the original order expires. |
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(d) On the expiration of an order issued under Subsection |
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(b) and any extension, the complaint must be unsealed. |
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(e) An order issued under this article may not: |
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(1) prohibit the disclosure of information relating |
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to the contents of an arrest warrant; or |
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(2) affect the right of a defendant to discover the |
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contents of the complaint. |
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SECTION 2. Article 15.26, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. (a) In |
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executing a warrant of arrest, it shall always be made known to the |
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accused under what authority the arrest is made. The warrant shall |
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be executed by the arrest of the defendant. The officer need not |
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have the warrant in his possession at the time of the arrest, |
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provided the warrant was issued under the provisions of this Code, |
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but upon request he shall show the warrant to the defendant as soon |
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as 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. |
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(b) The arrest warrant, and any complaint or affidavit |
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presented to the magistrate in support of the issuance of the |
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warrant, are [is] public information, and beginning immediately |
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when the warrant is executed the magistrate's clerk shall make a |
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copy of the warrant and the complaint or affidavit available for |
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public inspection in the clerk's office during normal business |
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hours, subject to Subsection (c). |
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(c) If a complaint or affidavit has been sealed under |
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Article 15.052, the magistrate's clerk shall perform the duty under |
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Subsection (b) only after the complaint or affidavit is unsealed. |
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(d) A person may request the clerk to provide copies of the |
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warrant and the complaint or affidavit on payment of the cost of |
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providing the copies. |
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SECTION 3. This Act applies only to a complaint or affidavit |
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that is presented on or after the effective date of this Act. A |
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complaint or affidavit that is presented before the effective date |
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of this Act is governed by the law in effect at the time the |
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complaint or affidavit was presented, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |