JIM **MA-ITOX Attorney** **General**

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# TheAttorney GeneralofTexas
Dectn.ber 13. 1984
Ronorable Michael G, Mask County Attorney 3rd Floor Jack County Courthouse Jacksboro, Texas ‘16056 OpiOiOn No. J&f-2,+3 Re: Whether asheriff has discretion to refuse 

### to enter a probation revocation warrant in a state computer under article 23.09, Code of Criminal Procedure Dear Mr. Mask: Youhave asked whether acounty 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 failure to appear or for probation revocation. The computer system in 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 officials and which facilitates the arrest of wanted persons 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 TCIC. Article 23.09 of the Code of Criminal Procedure simply states: “Capiases for a defendant maybe issued to as manycounties as the district or county attorney maydirect.” The director DE**the** DPS has authority to formulate plans and 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 DPSfor purposes of any rights and privileges which maybe granted to such officers by such sLate agency. V.T.C.S. art. 4413(19). Webelieve that a sheriff

’s authority 

### to subscribe to the TCIC pursuant to DPS regulations is authorized under the statutes. In our opinic~r., if the sheriff does not have the available personnel to assume custody of aperson found outside his county. the sheriff would have authority in the first instance not to enter such person’s namein tt.e system. Pursuant to the operating msnual issued by the Texas Department of Public Safety, any entry into the TCICby a law enforcement aggzncy must be accompanied by the promise that such agency will retrieve aprisoner from~anywhere in the state. Wedonot believe that aTexas county sheriff can be compelled to enter warrants in the TCIC if, in his reasonable discretion, making

p. 1093Honorable Michael G. Hank- Page 2 **(Jn*** **249**

such entries is not justified under the circumstances. Article 23.09 simply provides **that** a capir.a maybe 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 make41reasonable effort to execute such writ. V.T.C.S. arts. 6866. 6873; CcmdeGrim. Proc. art. 2.13. Under article 2.16 of the Code of Criminal Procedure a county sheriff maybe fined .upto $200 for failing “from neglect” to execute anarrest varrant or other legal process. If the prosecuting attorney wishes to have an arrest warrant delivered to another county in which avanted 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 TOMGREEN First Assistant Attorney General DAVIDR. RICRAFDS Executive Assistant Attorney General RECKGILPIN Chairman, Opinion Comittee Prepared byRick Gilpin Assistant **Attorney** General APPROVED: OPINIONCOMMITTEE Rick Gilpin, Chairman **Colin** Carl Susan Garrison Tony Guillory JimHoellinger Jennifer Riggs **Nancy** Sutton

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