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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of an accused person in and the written |
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waiver of extradition proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 10, Article 51.13, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 10. RIGHTS OF ACCUSED PERSON; APPLICATION FOR WRIT OF |
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HABEAS CORPUS. No person arrested upon such warrant shall be |
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delivered over to the agent whom the Executive Authority demanding |
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him shall have appointed to receive him unless he shall first be |
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taken forthwith before a judge of a court of record in this State, |
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or before a justice of the peace serving a precinct that is located |
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in a county bordering another state, who shall inform him of the |
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demand made for his surrender and of the crime with which he is |
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charged, and that he has the right to demand and procure legal |
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counsel; and if the prisoner or his counsel shall state that he or |
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they desire to test the legality of his arrest, the judge of the |
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[such] court of record shall fix a reasonable time to be allowed the |
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prisoner in [him within] which to apply for a writ of habeas corpus, |
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or the justice of the peace shall direct the prisoner to a court of |
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record for purposes of obtaining such a writ. When the [such a] |
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writ is applied for, notice thereof, and of the time and place of |
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hearing thereon, shall be given to the prosecuting officer of the |
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county in which the arrest is made and in which the accused is in |
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custody, and to the said agent of the demanding State. |
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SECTION 2. Section 25a, Article 51.13, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 25a. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS. Any |
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person arrested in this State charged with having committed any |
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crime in another State or alleged to have escaped from confinement, |
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or broken the terms of his bail, probation, or parole may waive the |
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issuance and service of the warrant provided for in Sections 7 and 8 |
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and all other procedure incidental to extradition proceedings, by |
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executing or subscribing in the presence of a judge or any court of |
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record within this State, or in the presence of a justice of the |
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peace serving a precinct that is located in a county bordering |
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another state, a writing which states that the arrested person [he] |
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consents to return to the demanding State; provided, however, that |
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before such waiver shall be executed or subscribed by such person |
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the [it shall be the duty of such] judge or justice of the peace |
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shall [to] inform such person of his: |
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(1) right [rights] to the issuance and service of a |
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warrant of extradition; and |
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(2) right to obtain a writ of habeas corpus as provided |
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for in Section 10. |
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If and when such consent has been duly executed it shall |
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forthwith be forwarded to the office of the Governor of this State |
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and filed therein. The judge or justice of the peace shall direct |
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the officer having such person in custody to deliver forthwith such |
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person to the duly accredited agent or agents of the demanding |
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State, and shall deliver or cause to be delivered to such agent or |
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agents a copy of such consent; provided, however, that nothing in |
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this section shall be deemed to limit the rights of the accused |
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person to return voluntarily and without formality to the demanding |
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State, nor shall this waiver procedure be deemed to be an exclusive |
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procedure or to limit the powers, rights or duties of the officers |
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of the demanding State or of this State. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |