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House Bill 1125 |
House Author: Lavender |
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Effective: 6-14-13 |
Senate Sponsor: Eltife |
Current law requires a person arrested under the Uniform Criminal Extradition Act pending extradition to another state to be taken before a judge of a court of record in Texas and, if an application for a writ of habeas corpus is sought, requires the judge to fix a reasonable time within which the person may apply for the writ. House Bill 1125 amends the Code of Criminal Procedure to alternatively authorize such a person to be taken before a justice of the peace serving a precinct that is located in a county bordering another state and to require the justice to direct the prisoner to a court of record for purposes of obtaining a writ of habeas corpus, if sought. The bill sets out training requirements for such a justice who is not an attorney before the justice may perform an extradition-related duty or function and establishes requirements regarding the recording of the applicable extradition proceeding and record retention. The bill authorizes a prisoner to waive extradition proceedings in the presence of a justice of the peace serving a precinct that is located in a county bordering another state as an alternative to waiving the proceedings in writing before a judge or any court of record in Texas and imposes such a judge's duties prior to waiver execution on the justice.