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A BILL TO BE ENTITLED
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AN ACT
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relating to the public inspection of an arrest warrant and any |
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affidavit made in support of the issuance of the 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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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. |
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(b) The warrant is [shall be] executed by the arrest of the |
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defendant. |
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(c) The officer is [need] not required to have the warrant |
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in the officer's [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 on [upon] request, the officer [he] shall show the warrant to |
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the defendant as soon as possible. |
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(d) If the officer does not have the warrant in the |
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officer's [his] possession at the time of arrest, the officer [he] |
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shall at that time [then] inform the defendant: |
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(1) of the offense charged; and |
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(2) [of the fact] that a warrant has been issued. |
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(e) The arrest warrant[,] and any affidavit presented to the |
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magistrate in support of the issuance of the warrant become[, is] |
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public information[, and] beginning immediately at the time [when] |
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the warrant is executed. |
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(f) Immediately after the warrant is executed, the |
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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. |
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(g) A person may request the clerk to provide copies of the |
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warrant and affidavit on payment of the cost of providing the |
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copies. |
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SECTION 2. This Act takes effect September 1, 2019. |