78R6014 PEP-D

By:  Swinford                                                     H.B. No. 1986



A BILL TO BE ENTITLED

AN ACT

relating to certain matters affecting the handling of a criminal 
defendant after arrest and before trial.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 1.051(j), Code of Criminal Procedure, is 
amended to read as follows:
	(j)  Notwithstanding any other provision of this section, if 
an indigent defendant is released from custody prior to the 
appointment of counsel under this section, appointment of counsel 
is not required until [the defendant's first court appearance or 
when] adversarial judicial proceedings are initiated[, whichever 
comes first].
	SECTION 2.  Article 14.06(a), Code of Criminal Procedure, is 
amended to read as follows:
	(a)  Except as provided by Subsection (b) or by Section 17.19 
or 23.05, 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 a county 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 3.  Article 17.033(a), Code of Criminal Procedure, 
is amended to read as follows:
	(a)  Except as provided by Subsection (c), a person who is 
arrested without a warrant and who is detained in jail must be 
released on bond, in an amount not to exceed $5,000, not later than 
the 48th [24th] hour after the person's arrest if the person was 
arrested for a misdemeanor and a magistrate has not determined 
whether probable cause exists to believe that the person committed 
the offense.  If the person is unable to obtain a surety for the bond 
or unable to deposit money in the amount of the bond, the person 
must be released on personal bond.
	SECTION 4.  Article 17.19(e), Code of Criminal Procedure, is 
amended to read as follows:
	(e)  An arrest warrant issued under this article may be 
executed by a peace officer, a security officer, or a private 
investigator licensed in this state.  The person executing the 
warrant is not required to take the person arrested before the 
magistrate for the warnings described by Article 15.17 if the 
person was previously arrested on the same charge and was given the 
required warnings following that arrest.
	SECTION 5.  Article 23.05(b), Code of Criminal Procedure, is 
amended to read as follows:
	(b)  A capias issued under this article may be executed by a 
peace officer or by a private investigator licensed under Chapter 
1702, Occupations Code.  The person executing the capias is not 
required to take the person arrested before the magistrate for the 
warnings described by Article 15.17 if the person was previously 
arrested on the same charge and was given the required warnings 
following that arrest.
	SECTION 6.  Article 26.05, Code of Criminal Procedure, is 
amended by adding Subsection (i) to read as follows:
	(i)  If a defendant is arrested in a county other than the 
county where the offense occurred, the county of arrest is entitled 
to reimbursement from the county having jurisdiction over the final 
disposition of the case for any reasonable expenses incurred under 
this article before the defendant is transferred from the arresting 
county to the county of final disposition.
	SECTION 7.  This Act takes effect September 1, 2003.