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A BILL TO BE ENTITLED
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AN ACT
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relating to the appearance of certain misdemeanor offenders before |
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a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as otherwise provided by this article |
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[Subsection (b)], in each case enumerated in this Code, the person |
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making the arrest or the person having custody of the person |
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arrested shall take the person arrested or have him taken without |
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unnecessary delay, but not later than 48 hours after the person is |
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arrested, before the magistrate who may have ordered the arrest, |
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before some magistrate of the county where the arrest was made |
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without an order, or, to provide more expeditiously to the person |
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arrested the warnings described by Article 15.17 of this Code, |
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before a magistrate in any other county of this state. The |
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magistrate shall immediately perform the duties described in |
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Article 15.17 of this Code. |
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(c) A peace officer who is charging a person, including a |
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child, with committing an offense that is a Class B misdemeanor may, |
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instead of taking the person before a magistrate, issue a citation |
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to the person that contains written notice of the time and place the |
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person must appear before a magistrate of this state as described by |
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Subsection (a), the name and address of the person charged, and the |
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offense charged. This subsection does not apply to a person |
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charged with an offense committed under: |
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(1) Section 22.01, 25.04, 37.12, 38.02, 38.04, 42.01, |
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42.02, 49.04, 49.05, 49.06, or 49.065, Penal Code; |
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(2) Section 37.123, Education Code; or |
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(3) Section 545.421, Transportation Code. |
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SECTION 2. Article 15.17, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) If a person charged with an offense punishable as a |
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Class B or Class C misdemeanor appears before a magistrate in |
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compliance with a citation issued under Article 14.06(b) or (c), |
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the magistrate shall perform the duties imposed by this article in |
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the same manner as if the person had been arrested and brought |
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before the magistrate by a peace officer. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before the effective |
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date. |
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SECTION 4. This Act takes effect September 1, 2007. |