83R13148 GCB-D
By: Lucio III H.B. No. 1439
Substitute the following for H.B. No. 1439:
By: Herrero C.S.H.B. No. 1439
A BILL TO BE ENTITLED
AN ACT
relating to the temporary sealing of certain complaints or
affidavits on which arrest warrants are based.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.052 to read as follows:
Art. 15.052. SEALING OF COMPLAINT. (a) An attorney
representing the state in the prosecution of felonies may request a
district judge or the judge of an appellate court to seal a
complaint made in accordance with Article 15.05. The judge may
order the complaint sealed if the attorney establishes, as a
compelling state interest, that public disclosure of the complaint
would jeopardize the safety of a victim, witness, or confidential
informant or cause the destruction of material that may constitute
evidence in the case.
(b) An order sealing a complaint under this article expires
on the 31st day after the date on which the arrest warrant for which
the complaint was presented is executed.
(c) On request by an attorney representing the state in the
prosecution of felonies, a judge may grant a single 30-day
extension of the original order on a new finding of the compelling
state interest described in Subsection (a). A request for an
extension must be made before the original order expires.
(d) On the expiration of an order issued under Subsection
(b) and any extension, the complaint must be unsealed.
(e) An order issued under this article may not:
(1) prohibit the disclosure of information relating
to the contents of an arrest warrant; or
(2) affect the right of a defendant to discover the
contents of the complaint.
SECTION 2. Article 15.26, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. (a) 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.
(b) The arrest warrant, and any complaint or affidavit
presented to the magistrate in support of the issuance of the
warrant, are [is] public information, and beginning immediately
when the warrant is executed the magistrate's clerk shall make a
copy of the warrant and the complaint or affidavit available for
public inspection in the clerk's office during normal business
hours, subject to Subsection (c).
(c) If a complaint or affidavit has been sealed under
Article 15.052, the magistrate's clerk shall perform the duty under
Subsection (b) only after the complaint or affidavit is unsealed.
(d) A person may request the clerk to provide copies of the
warrant and the complaint or affidavit on payment of the cost of
providing the copies.
SECTION 3. This Act applies only to a complaint or affidavit
that is presented on or after the effective date of this Act. A
complaint or affidavit that is presented before the effective date
of this Act is governed by the law in effect at the time the
complaint or affidavit was presented, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.