81R11690 T
By: Vaught H.B. No. 3886
A BILL TO BE ENTITLED
AN ACT
relating to the release of an affidavit presented to a magistrate in
support of the issuance of an arrest 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:
AUTHORITY TO MAKE ARREST MUST BE MADE KNOWN. 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. 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. If the affidavit was presented in
support of an arrest warrant for more than one person, the
magistrate's clerk shall make the affidavit available for public
inspection in the clerk's office during normal business hours
immediately after the execution of all warrants for which the
affidavit was presented in support. A person may request the clerk
to provide copies of the warrant and affidavit on payment of the
cost of providing the copies.
SECTION 2. This Act takes effect September 1, 2009.