HBA-SEP H.B. 2044 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2044
By: Williams
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, search warrants are considered public information and are open
to inspection by the public.  This may, on occasion, jeopardize the safety
of an informant or adversely affect a continuing investigation. House Bill
2044 authorizes an attorney representing the state in the prosecution of
felonies to request a judge to seal certain affidavits. 

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. 

ANALYSIS

House Bill 2044 amends the Code of Criminal Procedure to authorize an
attorney representing the state in the prosecution of felonies to request a
district or appellate court judge to seal an affidavit on which a search
warrant is based.  The bill authorizes the judge to order the affidavit
sealed if the attorney establishes a compelling state interest in that
public disclosure would jeopardize the safety of a confidential informant,
adversely affect a continuing investigation, or the affidavit contains
information obtained from a courtordered wiretap that has not yet expired.
The bill provides that an order sealing an affidavit expires on the 31st
day after the date on which the search warrant is executed.  The bill
authorizes an attorney to request, and a judge to grant up to two 30-day
extensions of the original order after which the affidavit must be
unsealed.  Such an order may not prohibit 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,
or affect the right of a defendant to discover the contents of an
affidavit. 

EFFECTIVE DATE

September 1, 2001.