| 1 | 1 | | 81R11690 T |
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| 2 | 2 | | By: Vaught H.B. No. 3886 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release of an affidavit presented to a magistrate in |
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| 8 | 8 | | support of the issuance of an arrest warrant. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 15.26, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | AUTHORITY TO MAKE ARREST MUST BE MADE KNOWN. In executing a |
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| 13 | 13 | | warrant of arrest, it shall always be made known to the accused |
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| 14 | 14 | | under what authority the arrest is made. The warrant shall be |
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| 15 | 15 | | executed by the arrest of the defendant. The officer need not have |
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| 16 | 16 | | the warrant in his possession at the time of the arrest, provided |
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| 17 | 17 | | the warrant was issued under the provisions of this Code, but upon |
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| 18 | 18 | | request he shall show the warrant to the defendant as soon as |
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| 19 | 19 | | possible. If the officer does not have the warrant in his |
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| 20 | 20 | | possession at the time of arrest he shall then inform the defendant |
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| 21 | 21 | | of the offense charged and of the fact that a warrant has been |
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| 22 | 22 | | issued. The arrest warrant, and any affidavit presented to the |
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| 23 | 23 | | magistrate in support of the issuance of the warrant, is public |
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| 24 | 24 | | information, and beginning immediately when the warrant is executed |
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| 25 | 25 | | the magistrate's clerk shall make a copy of the warrant [and the |
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| 26 | 26 | | affidavit] available for public inspection in the clerk's office |
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| 27 | 27 | | during normal business hours. If the affidavit was presented in |
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| 28 | 28 | | support of an arrest warrant for more than one person, the |
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| 29 | 29 | | magistrate's clerk shall make the affidavit available for public |
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| 30 | 30 | | inspection in the clerk's office during normal business hours |
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| 31 | 31 | | immediately after the execution of all warrants for which the |
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| 32 | 32 | | affidavit was presented in support. A person may request the clerk |
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| 33 | 33 | | to provide copies of the warrant and affidavit on payment of the |
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| 34 | 34 | | cost of providing the copies. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2009. |
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