Texas House Bill HB1439

Texas 2013 - 83rd Regular

Caption

Relating to the temporary sealing of certain complaints or affidavits on which arrest warrants are based.

Impact

The changes brought forth by HB 1439 will modify existing statutes within the Code of Criminal Procedure, particularly Article 15.052. With the proposed sealing mechanism, the law aims to safeguard critical details during the early stages of legal proceedings. The ability to seal complaints will expire 30 days after the arrest warrant is executed, although a single extension can be requested under specific conditions. These stipulations could help maintain the integrity of investigations while balancing public access to information.

Summary

House Bill 1439 introduces provisions for the temporary sealing of specific complaints or affidavits related to arrest warrants. The bill allows an attorney representing the state in felony prosecutions to request a judge to seal such complaints when public disclosure could jeopardize the safety of victims, witnesses, or confidential informants or risk the destruction of evidence. This could add a layer of protection for sensitive information in ongoing criminal cases.

Contention

While the bill seeks to enhance victim and witness protection, concerns may arise regarding transparency in the legal system. There are potential arguments around the balance between necessary confidentiality and the public's right to access information regarding criminal proceedings. Critics might contend that such measures could be misused to shield essential details from public scrutiny, making it challenging to hold law enforcement accountable.

Implementation

HB 1439 will take effect on September 1, 2013, and will apply only to complaints or affidavits presented on or after this date. Cases initiated before this time will continue to adhere to the laws in place prior to the bill's passage. This approach indicates a careful transition in the judicial process, ensuring that new protocols do not retroactively affect ongoing cases.