Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas Dectn.ber 13. 1984 JIM MA-ITOX Attorney General Ronorable Michael G, Mask OpiOiOn No. J&f-2,+3 Supreme Court BuildIn County Attorney ‘. 0. BOX 12546 3rd Floor Re: Whether a sheriff has dis- .ustin. TX. 76711.2546 Jack County Courthouse cretion to refuse to enter a a12l4752501 Jacksboro, Texas ‘16056 probation revocation warrant in 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 824 Alberta Ave.. Suite 166 been properly issued by the county court against defendants for 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 Texas. Suite 760 (hereinafter DPS] fsc the collection of outstanding warrants issued by Houston. TX. 77002-3111 Texas officials and which facilitates the arrest of wanted persons 713n23aea statewide. You ha\‘e specifically asked whether article 23.09 of the 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 Lubbock. TX. 79401-3479 TCIC. Article 23.09 of the Code of Criminal Procedure simply KW747.5236 states: “Capiases for a defendant may be issued to as many counties as the district or county attorney may direct.” 4309 N. Tenth, Suite 8 UcAllen, TX. 76601-1665 The director DE the DPS has authority to formulate plans and ;12/662-4647 means of cooperating with sheriffs and local peace officers throughout 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 ?OOMain Plaza, Suite 400 purposes of any rights and privileges which may be granted to such jan Antonio, TX. 762052797 officers by such s Late agency. V.T.C.S. art. 4413(19). We believe 51212254191 that a sheriff’s authority to subscribe to the TCIC pursuant 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 enforcement officials of any county designated by the prosecuting 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 Criminal Procedure without tie necessity of making any entry in the TCIC computer system. ,S-UMMARY A county sherii’f has discretion to withhold entry of warrant8 into a statewide computer 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