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AN ACT
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relating to the appearance of certain misdemeanor offenders before |
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a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsections (c) and |
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(d) to read as follows: |
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(a) Except as otherwise provided by this article |
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[Subsection (b)], in each case enumerated in this Code, the person |
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making the arrest or the person having custody of the person |
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arrested shall take the person arrested or have him taken without |
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unnecessary delay, but not later than 48 hours after the person is |
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arrested, before the magistrate who may have ordered the arrest, |
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before some magistrate of the county where the arrest was made |
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without an order, or, to provide more expeditiously to the person |
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arrested the warnings described by Article 15.17 of this Code, |
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before a magistrate in any other county of this state. The |
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magistrate shall immediately perform the duties described in |
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Article 15.17 of this Code. |
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(c) If the person resides in the county where the offense |
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occurred, a peace officer who is charging a person with committing |
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an offense that is a Class A or B misdemeanor may, instead of taking |
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the person before a magistrate, issue a citation to the person that |
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contains written notice of the time and place the person must appear |
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before a magistrate of this state as described by Subsection (a), |
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the name and address of the person charged, and the offense charged. |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(1) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 2. Article 15.17, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) If a person charged with an offense punishable as a |
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misdemeanor appears before a magistrate in compliance with a |
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citation issued under Article 14.06(b) or (c), the magistrate shall |
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perform the duties imposed by this article in the same manner as if |
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the person had been arrested and brought before the magistrate by a |
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peace officer. After the magistrate performs the duties imposed by |
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this article, the magistrate except for good cause shown may |
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release the person on personal bond. If a person who was issued a |
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citation under Article 14.06(c) fails to appear as required by that |
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citation, the magistrate before which the person is required to |
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appear shall issue a warrant for the arrest of the accused. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2391 was passed by the House on April |
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27, 2007, by the following vote: Yeas 132, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2391 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |