| 1 | 1 | | 86R12517 MEW-D |
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| 2 | 2 | | By: Moody H.B. No. 2360 |
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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 public inspection of an arrest warrant and any |
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| 8 | 8 | | affidavit made in support of the issuance of the 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 | | Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. (a) In |
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| 13 | 13 | | executing a warrant of arrest, it shall always be made known to the |
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| 14 | 14 | | accused under what authority the arrest is made. |
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| 15 | 15 | | (b) The warrant is [shall be] executed by the arrest of the |
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| 16 | 16 | | defendant. |
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| 17 | 17 | | (c) The officer is [need] not required to have the warrant |
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| 18 | 18 | | in the officer's [his] possession at the time of the arrest, |
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| 19 | 19 | | provided the warrant was issued under the provisions of this Code, |
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| 20 | 20 | | but on [upon] request, the officer [he] shall show the warrant to |
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| 21 | 21 | | the defendant as soon as possible. |
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| 22 | 22 | | (d) If the officer does not have the warrant in the |
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| 23 | 23 | | officer's [his] possession at the time of arrest, the officer [he] |
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| 24 | 24 | | shall at that time [then] inform the defendant: |
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| 25 | 25 | | (1) of the offense charged; and |
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| 26 | 26 | | (2) [of the fact] that a warrant has been issued. |
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| 27 | 27 | | (e) The arrest warrant[,] and any affidavit presented to the |
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| 28 | 28 | | magistrate in support of the issuance of the warrant become[, is] |
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| 29 | 29 | | public information[, and] beginning immediately at the time [when] |
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| 30 | 30 | | the warrant is executed. |
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| 31 | 31 | | (f) Immediately after the warrant is executed, the |
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| 32 | 32 | | magistrate's clerk shall make a copy of the warrant and the |
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| 33 | 33 | | affidavit available for public inspection in the clerk's office |
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| 34 | 34 | | during normal business hours. |
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| 35 | 35 | | (g) A person may request the clerk to provide copies of the |
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| 36 | 36 | | warrant and affidavit on payment of the cost of providing the |
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| 37 | 37 | | copies. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2019. |
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