HBA-RBT H.B. 1108 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1108
By: Williams
Criminal Jurisprudence
2/19/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, search warrant affidavits are considered public information and
are therefore open to inspection by the public.  H.B. 1108 authorizes an
attorney representing the state to request, and a judge to order, the
sealing of the affidavits used to obtain a search warrant in certain
situations.  The circumstances in which an affidavit can be sealed are if
the safety of an informant would be jeopardized, if a continuing
investigation would be adversely affected, or if the affidavit contains
information obtained from a court-ordered wiretap which has not expired.
This bill provides that the affidavit can be sealed for 31 days and
provides for no more than two 30-day extensions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.01(b), Code of Criminal Procedure, to provide
an exception to search warrant affidavits being public information. 

SECTION 2.  Amends Chapter 18, Code of Criminal Procedure, by adding
Article 18.011, as follows: 

Art.  18.011.  SEALING OF AFFIDAVIT.  (a) Authorizes an attorney
representing the state in the prosecution of felonies to request a district
judge or the judge of an appellate court to seal an affidavit presented
under Article 18.01(b).  Authorizes the judge to order the affidavit sealed
if the attorney establishes a compelling state interest in that the public
disclosure of the affidavit would jeopardize the safety of a confidential
informant, adversely affect a continuing investigation, or the affidavit
contains information obtained from a court-ordered wiretap that has not
expired at the time the attorney requests the sealing of the affidavit. 

(b) Provides that an order sealing an affidavit issued under this section
expires 31 days after the search warrant was executed.  Authorizes an
attorney representing the state to request, and the judge to grant, two
additional 30-day extensions of the original order sealing the affidavit.
Each extension will require that the judge make a new finding of compelling
state interest. 

(c) Provides that the affidavit must be unsealed when the order and any
extensions have expired. 

(d) Prohibits an order issued under this section from prohibiting the
disclosure of information relating to the contents of a search warrant, the
return of a search warrant, or the inventory of property taken pursuant to
a search warrant.  Prohibits an order from affecting the right of a
defendant to discover the contents of an affidavit. 

SECTION 3.   Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.   Emergency clause.