By Gallego                                            H.B. No. 1472
         77R5928 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to securing the rendition of prisoners in criminal
 1-3     proceedings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 3(b), Article 24.29, Code of Criminal
 1-6     Procedure, is amended to read as follows:
 1-7           (b)  On presentation of the certificate to any judge having
 1-8     jurisdiction over the person confined [and on notice to the
 1-9     attorney general], the judge in this state shall fix a time and
1-10     place for a hearing and shall make an order directed to the person
1-11     having custody of the prisoner requiring that the prisoner be
1-12     produced before him at the hearing.
1-13           SECTION 2. Section 4(a), Article 24.29, Code of Criminal
1-14     Procedure, is amended to read as follows:
1-15           (a)  A judge may issue a transfer order if at the hearing the
1-16     judge determines that:
1-17                 (1)  the witness may be material and necessary;
1-18                 (2)  his attending and testifying are not adverse to
1-19     the interest of this state or to the health or legal rights of the
1-20     witness;
1-21                 (3)  the laws of the state in which he is requested to
1-22     testify will give him protection from arrest and the service of
1-23     civil and criminal process because of any act committed prior to
1-24     his arrival in the state under the order;  [and]
 2-1                 (4)  as a practical matter the possibility is
 2-2     negligible that the witness may be subject to arrest or to the
 2-3     service of civil or criminal process in any state through which he
 2-4     will be required to pass; and
 2-5                 (5)  security arrangements for the transportation of
 2-6     the witness:
 2-7                       (A)  are sufficient to prevent the witness from
 2-8     fleeing or posing a threat to public safety; and
 2-9                       (B)  do not include the use of a commercial
2-10     transportation company to transport the witness, if the witness is
2-11     under a death sentence.
2-12           SECTION 3. Section 7, Article 24.29, Code of Criminal
2-13     Procedure, is amended by adding Subsection (c) to read as follows:
2-14           (c)  The judge in the court in this state shall order the
2-15     officer transporting the prisoner while in this state to make
2-16     security arrangements that:
2-17                 (1)  are sufficient to prevent the witness from fleeing
2-18     or posing a threat to public safety; and
2-19                 (2)  do not include the use of a commercial
2-20     transportation company to transport the witness, if the witness is
2-21     under a death sentence.
2-22           SECTION 4. Section 6, Article 24.29, Code of Criminal
2-23     Procedure, is repealed.
2-24           SECTION 5.  This Act takes effect immediately if it receives
2-25     a vote of two-thirds of all the members elected to each house, as
2-26     provided by Section 39, Article III, Texas Constitution.  If this
2-27     Act does not receive the vote necessary for immediate effect, this
 3-1     Act takes effect September 1, 2001.