83R2567 NAJ-D
 
  By: Lavender H.B. No. 1125
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of an accused person in and the written
  waiver of extradition proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 10, Article 51.13, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 10.  RIGHTS OF ACCUSED PERSON; APPLICATION FOR WRIT OF
  HABEAS CORPUS. No person arrested upon such warrant shall be
  delivered over to the agent whom the Executive Authority demanding
  him shall have appointed to receive him unless he shall first be
  taken forthwith before a judge of a court of record in this State,
  or before a justice of the peace serving a precinct that is located
  in a county bordering another state, who shall inform him of the
  demand made for his surrender and of the crime with which he is
  charged, and that he has the right to demand and procure legal
  counsel; and if the prisoner or his counsel shall state that he or
  they desire to test the legality of his arrest, the judge of the
  [such] court of record shall fix a reasonable time to be allowed the
  prisoner in [him within] which to apply for a writ of habeas corpus,
  or the justice of the peace shall direct the prisoner to a court of
  record for purposes of obtaining such a writ. When the [such a]
  writ is applied for, notice thereof, and of the time and place of
  hearing thereon, shall be given to the prosecuting officer of the
  county in which the arrest is made and in which the accused is in
  custody, and to the said agent of the demanding State.
         SECTION 2.  Section 25a, Article 51.13, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 25a.  WRITTEN WAIVER OF EXTRADITION PROCEEDINGS. Any
  person arrested in this State charged with having committed any
  crime in another State or alleged to have escaped from confinement,
  or broken the terms of his bail, probation, or parole may waive the
  issuance and service of the warrant provided for in Sections 7 and 8
  and all other procedure incidental to extradition proceedings, by
  executing or subscribing in the presence of a judge or any court of
  record within this State, or in the presence of a justice of the
  peace serving a precinct that is located in a county bordering
  another state, a writing which states that the arrested person [he]
  consents to return to the demanding State; provided, however, that
  before such waiver shall be executed or subscribed by such person
  the [it shall be the duty of such] judge or justice of the peace
  shall [to] inform such person of his:
               (1)  right [rights] to the issuance and service of a
  warrant of extradition; and
               (2)  right to obtain a writ of habeas corpus as provided
  for in Section 10.
         If and when such consent has been duly executed it shall
  forthwith be forwarded to the office of the Governor of this State
  and filed therein. The judge or justice of the peace shall direct
  the officer having such person in custody to deliver forthwith such
  person to the duly accredited agent or agents of the demanding
  State, and shall deliver or cause to be delivered to such agent or
  agents a copy of such consent; provided, however, that nothing in
  this section shall be deemed to limit the rights of the accused
  person to return voluntarily and without formality to the demanding
  State, nor shall this waiver procedure be deemed to be an exclusive
  procedure or to limit the powers, rights or duties of the officers
  of the demanding State or of this State.
         SECTION 3.  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, 2013.