By: Miklos (Senate Sponsor - Carona) H.B. No. 1060
         (In the Senate - Received from the House April 16, 2009;
  April 16, 2009, read first time and referred to Committee on
  Criminal Justice; May 14, 2009, reported favorably by the
  following vote: Yeas 7, Nays 0; May 14, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain procedures for forwarding a warrant of arrest
  or a complaint in a criminal case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 15.08 and 15.09, Code of Criminal
  Procedure, are amended to read as follows:
         Art. 15.08.  WARRANT MAY BE FORWARDED [TELEGRAPHED].  A
  warrant of arrest may be forwarded by any method that ensures the
  transmission of a duplicate of the original warrant, including
  secure facsimile transmission or other secure electronic means or a
  telegraph transmission from any telegraph office to another in this
  State. If issued by any magistrate named in Article 15.06, the
  peace officer receiving the same shall execute it without delay. If
  it be issued by any other magistrate than is named in Article 15.06,
  the peace officer receiving the same shall proceed with it to the
  nearest magistrate of the peace officer's [his] county, who shall
  endorse thereon, in substance, these words:
         "Let this warrant be executed in the county of ...........",
  which endorsement shall be dated and signed officially by the
  magistrate making the same.
         Art. 15.09.  COMPLAINT MAY BE FORWARDED [BY TELEGRAPH].  A
  complaint in accordance with Article 15.05, may be forwarded 
  [telegraphed,] as provided by Article 15.08 [in the preceding
  Article,] to any magistrate in the State; and the magistrate who
  receives the same shall forthwith issue a warrant for the arrest of
  the accused; and the accused, when arrested, shall be dealt with as
  provided in this Chapter in similar cases.
         SECTION 2.  Article 15.19(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  If the arrested person fails or refuses to give bail, as
  provided in Article 15.18, the arrested person shall be committed
  to the jail of the county where the person was arrested; and the
  magistrate committing the arrested person shall immediately
  provide notice to the sheriff of the county in which the offense is
  alleged to have been committed regarding:
               (1)  the arrest and commitment, which notice may be
  given by telegraph, mail, or other written means or by secure
  facsimile transmission or other secure electronic means; and
               (2)  whether the person was also arrested under a
  warrant issued under Section 508.251, Government Code.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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