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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures applicable to a person arrested for |
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an out-of-county offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.051(c-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c-1) If an indigent defendant is arrested under a warrant |
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issued in a county other than the county in which the arrest was |
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made and the defendant is entitled to and requests appointed |
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counsel, a court or the courts' designee authorized under Article |
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26.04 to appoint counsel for indigent defendants in the county that |
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issued the warrant shall appoint counsel within the periods |
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prescribed by Subsection (c), regardless of whether the defendant |
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is present within the county issuing the warrant and even if |
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adversarial judicial proceedings have not yet been initiated |
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against the defendant in the county issuing the warrant. However, |
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if the defendant has not been transferred or released into the |
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custody of the county issuing the warrant before the eighth [11th] |
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day after the date of the arrest and if counsel has not otherwise |
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been appointed for the defendant in the arresting county under this |
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article, a court or the courts' designee authorized under Article |
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26.04 to appoint counsel for indigent defendants in the arresting |
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county immediately shall appoint counsel to represent the defendant |
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in any matter under Chapter 11 or 17, regardless of whether |
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adversarial judicial proceedings have been initiated against the |
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defendant in the arresting county. If counsel is appointed for the |
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defendant in the arresting county as required by this subsection, |
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the arresting county may seek from the county that issued the |
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warrant reimbursement for the actual costs paid by the arresting |
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county for the appointed counsel. |
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SECTION 2. Article 15.20(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A sheriff who receives notice under Article 15.19(a)(2) |
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of a warrant issued under Section 508.251, Government Code, shall |
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have the arrested person brought before the proper magistrate or |
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court before the eighth [11th] day after the date the person is |
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committed to the jail of the county in which the person was |
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arrested. |
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SECTION 3. Article 15.21, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY |
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DEMANDED. If the proper office of the county where the offense is |
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alleged to have been committed does not demand an arrested person |
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described by Article 15.19 and take charge of the arrested person |
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before the eighth [11th] day after the date the person is committed |
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to the jail of the county in which the person is arrested, a |
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magistrate in the county where the person was arrested shall: |
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(1) release the arrested person on personal bond |
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without sureties or other security; and |
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(2) forward the personal bond to: |
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(A) the sheriff of the county where the offense |
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is alleged to have been committed; or |
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(B) the court that issued the warrant of arrest. |
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SECTION 4. 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 5. This Act takes effect September 1, 2019. |