| 1 | 1 | | 83R13148 GCB-D |
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| 2 | 2 | | By: Lucio III H.B. No. 1439 |
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| 3 | 3 | | Substitute the following for H.B. No. 1439: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1439 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the temporary sealing of certain complaints or |
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| 10 | 10 | | affidavits on which arrest warrants are based. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 15.052 to read as follows: |
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| 14 | 14 | | Art. 15.052. SEALING OF COMPLAINT. (a) An attorney |
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| 15 | 15 | | representing the state in the prosecution of felonies may request a |
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| 16 | 16 | | district judge or the judge of an appellate court to seal a |
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| 17 | 17 | | complaint made in accordance with Article 15.05. The judge may |
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| 18 | 18 | | order the complaint sealed if the attorney establishes, as a |
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| 19 | 19 | | compelling state interest, that public disclosure of the complaint |
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| 20 | 20 | | would jeopardize the safety of a victim, witness, or confidential |
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| 21 | 21 | | informant or cause the destruction of material that may constitute |
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| 22 | 22 | | evidence in the case. |
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| 23 | 23 | | (b) An order sealing a complaint under this article expires |
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| 24 | 24 | | on the 31st day after the date on which the arrest warrant for which |
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| 25 | 25 | | the complaint was presented is executed. |
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| 26 | 26 | | (c) On request by an attorney representing the state in the |
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| 27 | 27 | | prosecution of felonies, a judge may grant a single 30-day |
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| 28 | 28 | | extension of the original order on a new finding of the compelling |
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| 29 | 29 | | state interest described in Subsection (a). A request for an |
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| 30 | 30 | | extension must be made before the original order expires. |
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| 31 | 31 | | (d) On the expiration of an order issued under Subsection |
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| 32 | 32 | | (b) and any extension, the complaint must be unsealed. |
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| 33 | 33 | | (e) An order issued under this article may not: |
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| 34 | 34 | | (1) prohibit the disclosure of information relating |
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| 35 | 35 | | to the contents of an arrest warrant; or |
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| 36 | 36 | | (2) affect the right of a defendant to discover the |
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| 37 | 37 | | contents of the complaint. |
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| 38 | 38 | | SECTION 2. Article 15.26, Code of Criminal Procedure, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. (a) In |
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| 41 | 41 | | executing a warrant of arrest, it shall always be made known to the |
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| 42 | 42 | | accused under what authority the arrest is made. The warrant shall |
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| 43 | 43 | | be executed by the arrest of the defendant. The officer need not |
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| 44 | 44 | | have the warrant in his possession at the time of the arrest, |
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| 45 | 45 | | provided the warrant was issued under the provisions of this Code, |
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| 46 | 46 | | but upon request he shall show the warrant to the defendant as soon |
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| 47 | 47 | | as possible. If the officer does not have the warrant in his |
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| 48 | 48 | | possession at the time of arrest he shall then inform the defendant |
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| 49 | 49 | | of the offense charged and of the fact that a warrant has been |
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| 50 | 50 | | issued. |
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| 51 | 51 | | (b) The arrest warrant, and any complaint or affidavit |
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| 52 | 52 | | presented to the magistrate in support of the issuance of the |
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| 53 | 53 | | warrant, are [is] public information, and beginning immediately |
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| 54 | 54 | | when the warrant is executed the magistrate's clerk shall make a |
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| 55 | 55 | | copy of the warrant and the complaint or affidavit available for |
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| 56 | 56 | | public inspection in the clerk's office during normal business |
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| 57 | 57 | | hours, subject to Subsection (c). |
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| 58 | 58 | | (c) If a complaint or affidavit has been sealed under |
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| 59 | 59 | | Article 15.052, the magistrate's clerk shall perform the duty under |
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| 60 | 60 | | Subsection (b) only after the complaint or affidavit is unsealed. |
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| 61 | 61 | | (d) A person may request the clerk to provide copies of the |
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| 62 | 62 | | warrant and the complaint or affidavit on payment of the cost of |
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| 63 | 63 | | providing the copies. |
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| 64 | 64 | | SECTION 3. This Act applies only to a complaint or affidavit |
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| 65 | 65 | | that is presented on or after the effective date of this Act. A |
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| 66 | 66 | | complaint or affidavit that is presented before the effective date |
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| 67 | 67 | | of this Act is governed by the law in effect at the time the |
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| 68 | 68 | | complaint or affidavit was presented, and the former law is |
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| 69 | 69 | | continued in effect for that purpose. |
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| 70 | 70 | | SECTION 4. This Act takes effect September 1, 2013. |
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