1-1 By: Armbrister S.B. No. 219
1-2 (In the Senate - Filed January 11, 2001; January 16, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 15, 2001, reported favorably by the following vote: Yeas
1-5 4, Nays 0; February 15, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to disposition of out-of-county crimes.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article 4.12, Code of Criminal Procedure, is
1-11 amended by adding Subsection (d) to read as follows:
1-12 (d) A defendant who is taken before a magistrate in
1-13 accordance with Article 15.18 may waive trial by jury and enter a
1-14 written plea of guilty or nolo contendere.
1-15 SECTION 2. Article 15.18, Code of Criminal Procedure, is
1-16 amended to read as follows:
1-17 Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person
1-18 [One] arrested under a warrant issued in a county other than the
1-19 one in which the person is arrested shall be taken before a
1-20 magistrate of the county where the arrest takes place who shall:
1-21 (1) take bail, if allowed by law, and immediately
1-22 transmit the bond taken to the court having jurisdiction of the
1-23 offense; or
1-24 (2) in the case of a person arrested under warrant for
1-25 an offense punishable by fine only, accept a written plea of guilty
1-26 or nolo contendere, set a fine, determine costs, accept payment of
1-27 the fine and costs, give credit for time served, determine
1-28 indigency, or, on satisfaction of the judgment, discharge the
1-29 defendant, as the case may indicate.
1-30 (b) Before the 11th business day after the date a magistrate
1-31 accepts a written plea of guilty or nolo contendere in a case under
1-32 Subsection (a)(2), the magistrate shall transmit to the court
1-33 having jurisdiction of the offense:
1-34 (1) the written plea;
1-35 (2) any orders entered in the case; and
1-36 (3) any fine or costs collected in the case.
1-37 SECTION 3. This Act takes effect September 1, 2001.
1-38 * * * * *