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A BILL TO BE ENTITLED
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AN ACT
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relating to certain persons arrested under a warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 15.18(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a)(1) Except as provided by Subdivision (2), a [A] person |
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arrested under a warrant issued in a county other than the one in |
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which the person is arrested shall be taken without unnecessary |
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delay before a magistrate of the county where the arrest takes place |
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or, to provide more expeditiously to the arrested person the |
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warnings described by Article 15.17, before a magistrate in any |
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other county of this state, including the county where the warrant |
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was issued. |
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(2) If a person arrested as described by Subdivision |
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(1) is also arrested for an offense punishable as a Class B |
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misdemeanor or any higher category of offense alleged to have been |
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committed in the county of arrest or is also arrested under a |
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warrant issued in the county of arrest for an offense punishable as |
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a Class B misdemeanor or any higher category of offense, the person |
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shall be taken without unnecessary delay, but not later than 48 |
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hours after the person is arrested, before a magistrate of the |
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county where the arrest takes place or, to provide more |
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expeditiously to the arrested person the warnings described by |
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Article 15.17, before a magistrate in any other county of this |
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state. |
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(3) The magistrate before whom an arrested person is |
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taken under Subdivision (1) or (2) shall: |
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(A) [(1)] take bail, if allowed by law, and, if |
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without jurisdiction, immediately transmit the bond taken to the |
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court having jurisdiction of the offense; or |
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(B) [(2)] in the case of a person arrested under |
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warrant for an offense punishable by fine only, accept a written |
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plea of guilty or nolo contendere, set a fine, determine costs, |
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accept payment of the fine and costs, give credit for time served, |
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determine indigency, or, on satisfaction of the judgment, discharge |
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the defendant, as the case may indicate. |
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(b) Before the 11th business day after the date a magistrate |
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accepts a written plea of guilty or nolo contendere in a case under |
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Subsection (a)(3)(B) [(a)(2)], the magistrate shall, if without |
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jurisdiction, transmit to the court having jurisdiction of the |
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offense: |
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(1) the written plea; |
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(2) any orders entered in the case; and |
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(3) any fine or costs collected in the case. |
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SECTION 2. Article 15.21, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED. |
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(a) Except as provided by Subsection (b), if [If] the proper office |
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of the county where the offense is alleged to have been committed |
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does not demand the arrested person and take charge of the arrested |
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person before the 11th day after the date the person is committed to |
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the jail of the county in which the person is arrested, the arrested |
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person shall be discharged from custody. |
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(b) If a person arrested under a warrant issued in a county |
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other than the county in which the person is arrested is also |
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arrested for an offense punishable as a Class B misdemeanor or any |
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higher category of offense alleged to have been committed in the |
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county of arrest or is also arrested under a warrant issued in the |
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county of arrest for an offense punishable as a Class B misdemeanor |
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or any higher category of offense, the arrested person shall be |
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discharged from custody on the 11th day after the date the arrested |
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person's charge or warrant in the county of arrest is disposed of or |
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adjudicated, unless the proper office of the county that issued a |
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warrant under which the person was arrested but that was not the |
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county of arrest demands the arrested person and takes charge of the |
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arrested person before that day. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |