Bill Text: TX SB172 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to certain procedures applicable to a person arrested for an out-of-county offense.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-02-01 - Referred to Criminal Justice [SB172 Detail]
Download: Texas-2019-SB172-Introduced.html
| 86R2391 MAW-D | ||
| By: Perry | S.B. No. 172 | |
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| relating to certain procedures applicable to a person arrested for | ||
| an out-of-county offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 1.051(c-1), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (c-1) If an indigent defendant is arrested under a warrant | ||
| issued in a county other than the county in which the arrest was | ||
| made and the defendant is entitled to and requests appointed | ||
| counsel, a court or the courts' designee authorized under Article | ||
| 26.04 to appoint counsel for indigent defendants in the county that | ||
| issued the warrant shall appoint counsel within the periods | ||
| prescribed by Subsection (c), regardless of whether the defendant | ||
| is present within the county issuing the warrant and even if | ||
| adversarial judicial proceedings have not yet been initiated | ||
| against the defendant in the county issuing the warrant. However, | ||
| if the defendant has not been transferred or released into the | ||
| custody of the county issuing the warrant before the eighth [ |
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| day after the date of the arrest and if counsel has not otherwise | ||
| been appointed for the defendant in the arresting county under this | ||
| article, a court or the courts' designee authorized under Article | ||
| 26.04 to appoint counsel for indigent defendants in the arresting | ||
| county immediately shall appoint counsel to represent the defendant | ||
| in any matter under Chapter 11 or 17, regardless of whether | ||
| adversarial judicial proceedings have been initiated against the | ||
| defendant in the arresting county. If counsel is appointed for the | ||
| defendant in the arresting county as required by this subsection, | ||
| the arresting county may seek from the county that issued the | ||
| warrant reimbursement for the actual costs paid by the arresting | ||
| county for the appointed counsel. | ||
| SECTION 2. Article 15.20(b), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (b) A sheriff who receives notice under Article 15.19(a)(2) | ||
| of a warrant issued under Section 508.251, Government Code, shall | ||
| have the arrested person brought before the proper magistrate or | ||
| court before the eighth [ |
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| committed to the jail of the county in which the person was | ||
| arrested. | ||
| SECTION 3. Article 15.21, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY | ||
| DEMANDED. If the proper office of the county where the offense is | ||
| alleged to have been committed does not demand an arrested person | ||
| described by Article 15.19 and take charge of the arrested person | ||
| before the eighth [ |
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| to the jail of the county in which the person is arrested, a | ||
| magistrate in the county where the person was arrested shall: | ||
| (1) release the arrested person on personal bond | ||
| without sureties or other security; and | ||
| (2) forward the personal bond to: | ||
| (A) the sheriff of the county where the offense | ||
| is alleged to have been committed; or | ||
| (B) the court that issued the warrant of arrest. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to a person who is arrested on or after the effective date of this | ||
| Act. A person arrested before the effective date of this Act is | ||
| governed by the law in effect on the date the person was arrested, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
