Case Information
*1 The Attorney General of Texas Dectn.ber 13. 1984 JIM MA-ITOX
Attorney General
Ronorable Michael G, Mask OpiOiOn No. J&f-2,+3 County Attorney Supreme Court BuildIn Re: Whether a sheriff has dis- 3rd Floor ‘. 0. BOX 12546 to refuse to enter .ustin. TX. 76711.2546 Jack County Courthouse cretion a a12l4752501 ‘16056 probation revocation warrant in Jacksboro, Texas Telex 910/674-1387 a state computer under article elecoQisr 51214750266 23.09, Code of Criminal Procedure 714 Jackson. Suite 700 Dear Mr. Mask: -Was. TX. 75202-4506 lU742.6944
You have asked whether a county sheriff has discretion to refuse
to enter into the state computer system arrest warrants which have been properly issued by the county court against defendants for 824 Alberta Ave.. Suite 166 3 Paso. TX. 79905-2793 failure to appear or for probation revocation. The computer system in ?)15/533-3484 question is the Texas Crime Information Center computer [hereinafter
TCIC], which Is matntained by the Texas Department of Public Safety (hereinafter DPS] fsc the collection of outstanding warrants issued by Texas. Suite 760 Texas officials and which facilitates the arrest of wanted persons Houston. TX. 77002-3111 statewide. You ha\‘e specifically asked whether article 23.09 of the 713n23aea Code of Criminal Procedure has any bearing on the scope of the sheriff’s .discretlon to refuse entry of Jack County warrants In the 808 Broadway. Suite 312 TCIC. Article 23.09 of the Code of Criminal Procedure simply Lubbock. TX. 79401-3479 states: “Capiases for a defendant may be issued to as many counties KW747.5236 as the district or county attorney may direct.” 4309 N. Tenth, Suite 8 The director DE the DPS has authority to formulate plans and UcAllen, TX. 76601-1665 means of cooperating with sheriffs and local peace officers throughout ;12/662-4647 Texas for the appr,ahension of criminals. V.T.C.S. art. 4413(21).
Sheriffs and constables are made “associate members” of the DPS for [51212254191] ?OO Main Plaza, Suite 400 jan Antonio, TX. 762052797 purposes that a sheriff’s officers by such s Late agency. of any rights authority and privileges subscribe to V.T.C.S. which may be granted to the TCIC pursuant art. 4413(19). We believe to such to DPS
regulations is authorized under the statutes. 4” Equal Opporlunilyl Affirmatiw Action Employer In our opinic~r., if the sheriff does not have the available
personnel to assume custody of a person found outside his county. the sheriff would have authority in the first instance not to enter such person’s name in tt.e system. Pursuant to the operating msnual issued by the Texas Department of Public Safety, any entry into the TCIC by a law enforcement aggzncy must be accompanied by the promise that such agency will retrieve a prisoner from~ anywhere in the state.
We do not believe that a Texas county sheriff can be compelled to enter warrants in the TCIC if, in his reasonable discretion, making p. 1093
Honorable Michael G. Hank - Page 2 (Jn* 249
such entries is not justified under the circumstances. Article 23.09 simply provides that a capir.a may be directed to the arresting law officials of any county designated by the prosecuting enforcement attorney. Once a capias cones into the hands of a sheriff. he is under an obligation to make 41 reasonable effort to execute such writ.
V.T.C.S. arts. 6866. 6873; Ccmde Grim. Proc. art. 2.13. Under article 2.16 of the Code of Criminal Procedure a county sheriff may be fined .up to $200 for failing “from neglect” to execute an arrest varrant or other legal process.
If the prosecuting attorney wishes to have an arrest warrant delivered to another county in which a vanted person is known to be found, the clerk of the court may issue such capias to the county sheriff of such county pursuant to article 23.09 of the Code of tie necessity Criminal Procedure without of making any entry in the TCIC computer system.
,S-UMMARY A county sherii’f has discretion to withhold of warrant8 into a statewide computer entry syetam.
JIM MATTOX - Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICRAFDS
Executive Assistant Attorney General
RECK GILPIN
Chairman, Opinion Comittee
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Hoellinger
Jennifer Riggs
Nancy Sutton
p. 1094