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.