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A BILL TO BE ENTITLED
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AN ACT
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relating to state, local, and court involvement in determining |
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whether victims and witnesses to an offense and certain detained, |
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arrested, or incarcerated persons are lawfully present in the |
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United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following provisions are repealed: |
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(1) Articles 2.13(d) and (e), Code of Criminal |
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Procedure; |
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(2) Article 2.251, Code of Criminal Procedure; |
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(3) Article 17.16(a-1), Code of Criminal Procedure; |
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(4) Article 42.039, Code of Criminal Procedure; |
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(5) Section 402.0241, Government Code; |
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(6) Subchapter C, Chapter 752, Government Code; |
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(7) Section 772.0076, Government Code; |
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(8) Section 87.031(c), Local Government Code; and |
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(9) Section 39.07, Penal Code. |
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SECTION 2. Article 17.16(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A surety may before forfeiture relieve the surety of the |
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surety's undertaking by: |
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(1) surrendering the accused into the custody of the |
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sheriff of the county where the prosecution is pending; or |
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(2) delivering to the sheriff of the county in which |
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the prosecution is pending and to the office of the prosecuting |
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attorney an affidavit stating that the accused is incarcerated in[: |
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[(A)] federal custody, in [subject to Subsection |
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(a-1); |
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[(B)] the custody of any state,[;] or in |
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[(C)] any county 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, 2023. |