Amend CSHB 7 by adding the following appropriately numbered
SECTIONS to the bill and by renumbering existing SECTIONS
accordingly:
SECTION ____. Article 14.06(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, [if
necessary] to provide more expeditiously to the person arrested the
warnings described by Article 15.17 of this Code, before a
magistrate in any other [a] county of this state [bordering the
county in which the arrest was made]. The magistrate shall
immediately perform the duties described in Article 15.17 of this
Code.
SECTION ____. Article 15.16, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.16. HOW WARRANT IS EXECUTED. (a) The officer or
person executing a warrant of arrest shall without unnecessary
delay take the person or have him taken before the magistrate who
issued the warrant or before the magistrate named in the warrant, if
the magistrate is in the same county where the person is arrested.
If the issuing or named magistrate is in another county, the person
arrested shall without unnecessary delay be taken before some
magistrate in the county in which he was arrested.
(b) Notwithstanding Subsection (a), to provide more
expeditiously to the person arrested the warnings described by
Article 15.17, the officer or person executing the arrest warrant
may as permitted by that article take the person arrested before a
magistrate in a county other than the county of arrest.
SECTION ____. Article 15.17(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, [if necessary] to provide more expeditiously to the person
arrested the warnings described by this article, before a
magistrate in any other [a] county of this state [bordering the
county in which the arrest was made]. The arrested person may be
taken before the magistrate in person or the image of the arrested
person may be presented [broadcast by closed circuit television] to
the magistrate by means of an electronic broadcast system. The
magistrate shall inform in clear language the person arrested,
either in person or through the electronic broadcast system [by
closed circuit television], of the accusation against him and of
any affidavit filed therewith, of his right to retain counsel, of
his right to remain silent, of his right to have an attorney present
during any interview with peace officers or attorneys representing
the state, of his right to terminate the interview at any time, and
of his right to have an examining trial. The magistrate shall also
inform the person arrested of the person's right to request the
appointment of counsel if the person cannot afford counsel. The
magistrate shall inform the person arrested of the procedures for
requesting appointment of counsel. If the person does not speak
and understand the English language or is deaf, the magistrate
shall inform the person in a manner consistent with Articles 38.30
and 38.31, as appropriate. The magistrate shall ensure that
reasonable assistance in completing the necessary forms for
requesting appointment of counsel is provided to the person at the
same time. If the person arrested is indigent and requests
appointment of counsel and if the magistrate is authorized under
Article 26.04 to appoint counsel for indigent defendants in the
county, the magistrate shall appoint counsel in accordance with
Article 1.051. If the magistrate is not authorized to appoint
counsel, the magistrate shall without unnecessary delay, but not
later than 24 hours after the person arrested requests appointment
of counsel, transmit, or cause to be transmitted to the court or to
the courts' designee authorized under Article 26.04 to appoint
counsel in the county, the forms requesting the appointment of
counsel. The magistrate shall also inform the person arrested that
he is not required to make a statement and that any statement made
by him may be used against him. The magistrate shall allow the
person arrested reasonable time and opportunity to consult counsel
and shall, after determining whether the person is currently on
bail for a separate criminal offense, admit the person arrested to
bail if allowed by law. An electronic broadcast [A closed circuit
television] system may not be used under this subsection unless the
system provides for a two-way communication of image and sound
between the arrested person and the magistrate. A recording of the
communication between the arrested person and the magistrate shall
be made. The recording shall be preserved until the earlier of the
following dates: (1) the date on which the pretrial hearing ends;
or (2) the 91st day after the date on which the recording is made if
the person is charged with a misdemeanor or the 120th day after the
date on which the recording is made if the person is charged with a
felony. The counsel for the defendant may obtain a copy of the
recording on payment of a reasonable amount to cover costs of
reproduction.
SECTION ____. Article 15.18, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person
arrested under a warrant issued in a county other than the one in
which the person is arrested shall be taken before a magistrate of
the county where the arrest takes place or, to provide more
expeditiously to the arrested person the warnings described by
Article 15.17, before a magistrate in any other county of this
state, including the county where the warrant was issued. The
magistrate [who] shall:
(1) take bail, if allowed by law, and, if without
jurisdiction, immediately transmit the bond taken to the court
having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for
an offense punishable by fine only, accept a written plea of guilty
or nolo contendere, set a fine, determine costs, accept payment of
the fine and costs, give credit for time served, determine
indigency, or, on satisfaction of the judgment, discharge the
defendant, as the case may indicate.
(b) Before the 11th business day after the date a magistrate
accepts a written plea of guilty or nolo contendere in a case under
Subsection (a)(2), the magistrate, if without jurisdiction, shall
transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
(c) The arrested person may be taken before a magistrate by
means of an electronic broadcast system as provided by and subject
to the requirements of Article 15.17.
SECTION ____. Article 15.19(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If a person is arrested and taken before a magistrate in
a county other than [bordering] the county in which the arrest is
made [under the provisions of Article 15.17(a) of this code] and if
the person is remanded to custody, the person may be confined in a
jail in the county in which the magistrate serves for a period of
not more than 72 hours after the arrest before being transferred to
the county jail of the county in which the arrest occurred.