1-1 AN ACT
1-2 relating to disposition of out-of-county crimes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4.12, Code of Criminal Procedure, is
1-5 amended by adding Subsection (d) to read as follows:
1-6 (d) A defendant who is taken before a magistrate in
1-7 accordance with Article 15.18 may waive trial by jury and enter a
1-8 written plea of guilty or nolo contendere.
1-9 SECTION 2. Article 15.18, Code of Criminal Procedure, is
1-10 amended to read as follows:
1-11 Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person
1-12 [One] arrested under a warrant issued in a county other than the
1-13 one in which the person is arrested shall be taken before a
1-14 magistrate of the county where the arrest takes place who shall:
1-15 (1) take bail, if allowed by law, and immediately
1-16 transmit the bond taken to the court having jurisdiction of the
1-17 offense; or
1-18 (2) in the case of a person arrested under warrant for
1-19 an offense punishable by fine only, accept a written plea of guilty
1-20 or nolo contendere, set a fine, determine costs, accept payment of
1-21 the fine and costs, give credit for time served, determine
1-22 indigency, or, on satisfaction of the judgment, discharge the
1-23 defendant, as the case may indicate.
1-24 (b) Before the 11th business day after the date a magistrate
1-25 accepts a written plea of guilty or nolo contendere in a case under
2-1 Subsection (a)(2), the magistrate shall transmit to the court
2-2 having jurisdiction of the offense:
2-3 (1) the written plea;
2-4 (2) any orders entered in the case; and
2-5 (3) any fine or costs collected in the case.
2-6 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 219 passed the Senate on
February 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 219 passed the House on
May 3, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor