By: Riddle (Senate Sponsor - Whitmire) H.B. No. 2795
(In the Senate - Received from the House May 1, 2003;
May 7, 2003, read first time and referred to Committee on Criminal
Justice; May 22, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2795 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the release on bond of certain persons arrested without
a warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.033, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) The time limits imposed by Subsections (a) and (b) do
not apply to a person arrested without a warrant who is taken to a
hospital, clinic, or other medical facility before being taken
before a magistrate under Article 15.17. For a person described by
this subsection, the time limits imposed by Subsections (a) and (b)
begin to run at the time, as documented in the records of the
hospital, clinic, or other medical facility, that a physician or
other medical professional releases the person from the hospital,
clinic, or other medical facility.
SECTION 2. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
arrest made on or after the effective date of this Act, regardless
of when the offense giving rise to the arrest was committed. An
arrest made before the effective date of this Act is covered by the
law in effect when the arrest was made, and the former law is
continued in effect for that purpose.
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