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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures for forwarding a warrant of arrest |
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or a complaint in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 15.08 and 15.09, Code of Criminal |
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Procedure, are amended to read as follows: |
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Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A |
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warrant of arrest may be forwarded by any method that ensures the |
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transmission of a duplicate of the original warrant, including |
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secure facsimile transmission or other secure electronic means or a |
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telegraph transmission from any telegraph office to another in this |
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State. If issued by any magistrate named in Article 15.06, the |
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peace officer receiving the same shall execute it without delay. If |
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it be issued by any other magistrate than is named in Article 15.06, |
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the peace officer receiving the same shall proceed with it to the |
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nearest magistrate of the peace officer's [his] county, who shall |
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endorse thereon, in substance, these words: |
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"Let this warrant be executed in the county of ...........", |
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which endorsement shall be dated and signed officially by the |
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magistrate making the same. |
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Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A |
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complaint in accordance with Article 15.05, may be forwarded |
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[telegraphed,] as provided by Article 15.08 [in the preceding
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Article,] to any magistrate in the State; and the magistrate who |
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receives the same shall forthwith issue a warrant for the arrest of |
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the accused; and the accused, when arrested, shall be dealt with as |
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provided in this Chapter in similar cases. |
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SECTION 2. Article 15.19(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) If the arrested person fails or refuses to give bail, as |
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provided in Article 15.18, the arrested person shall be committed |
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to the jail of the county where the person was arrested; and the |
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magistrate committing the arrested person shall immediately |
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provide notice to the sheriff of the county in which the offense is |
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alleged to have been committed regarding: |
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(1) the arrest and commitment, which notice may be |
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given by telegraph, mail, or other written means or by secure |
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facsimile transmission or other secure electronic means; and |
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(2) whether the person was also arrested under a |
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warrant issued under Section 508.251, Government Code. |
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SECTION 3. This Act takes effect September 1, 2009. |