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