HBA-LJP H.B. 511 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 511
By: Keel
Criminal Jurisprudence
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, if a person is arrested under a warrant, upon request,
the arresting officer is required to show the warrant, but not the
affidavits supporting the warrant, to the defendant as soon as possible.
When the defendant is taken to a magistrate, the magistrate is required to
inform the defendant of the arresting warrant and affidavits that support
the warrant.  However, current law does not specifically delegate the
responsibility of keeping documentation supporting the authority of a
warrant or the affidavits supporting an arrest warrant available for public
inspection.  House Bill 511 requires the clerk of the magistrate who issued
the warrant to make a copy of the warrant and affidavits supporting the
warrant available for public inspection. 

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 511 amends the Code of Criminal Procedure to require that an
officer executing an arrest warrant provide, upon request, the warrant and
any affidavit presented to the magistrate in support of the issuance of the
warrant as soon as possible.  The bill provides that an affidavit and
arrest warrant is public information, and requires that immediately
following the execution of the warrant, the magistrate's clerk make a copy
of the warrant and affidavit available for public inspection in the clerk's
office during normal business hours. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.