| 1 | 1 | | 81R3071 SJM-D |
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| 2 | 2 | | By: Miklos H.B. No. 1060 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain procedures for forwarding a warrant of arrest |
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| 8 | 8 | | or a complaint in a criminal case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 15.08 and 15.09, Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A |
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| 13 | 13 | | warrant of arrest may be forwarded by any method that ensures the |
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| 14 | 14 | | transmission of a duplicate of the original warrant, including |
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| 15 | 15 | | secure facsimile transmission or other secure electronic means or a |
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| 16 | 16 | | telegraph transmission from any telegraph office to another in this |
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| 17 | 17 | | State. If issued by any magistrate named in Article 15.06, the |
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| 18 | 18 | | peace officer receiving the same shall execute it without delay. If |
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| 19 | 19 | | it be issued by any other magistrate than is named in Article 15.06, |
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| 20 | 20 | | the peace officer receiving the same shall proceed with it to the |
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| 21 | 21 | | nearest magistrate of the peace officer's [his] county, who shall |
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| 22 | 22 | | endorse thereon, in substance, these words: |
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| 23 | 23 | | "Let this warrant be executed in the county of ...........", |
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| 24 | 24 | | which endorsement shall be dated and signed officially by the |
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| 25 | 25 | | magistrate making the same. |
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| 26 | 26 | | Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A |
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| 27 | 27 | | complaint in accordance with Article 15.05, may be forwarded |
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| 28 | 28 | | [telegraphed,] as provided by Article 15.08 [in the preceding |
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| 29 | 29 | | Article,] to any magistrate in the State; and the magistrate who |
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| 30 | 30 | | receives the same shall forthwith issue a warrant for the arrest of |
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| 31 | 31 | | the accused; and the accused, when arrested, shall be dealt with as |
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| 32 | 32 | | provided in this Chapter in similar cases. |
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| 33 | 33 | | SECTION 2. Article 15.19(a), Code of Criminal Procedure, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | (a) If the arrested person fails or refuses to give bail, as |
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| 36 | 36 | | provided in Article 15.18, the arrested person shall be committed |
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| 37 | 37 | | to the jail of the county where the person was arrested; and the |
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| 38 | 38 | | magistrate committing the arrested person shall immediately |
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| 39 | 39 | | provide notice to the sheriff of the county in which the offense is |
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| 40 | 40 | | alleged to have been committed regarding: |
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| 41 | 41 | | (1) the arrest and commitment, which notice may be |
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| 42 | 42 | | given by telegraph, mail, or other written means or by secure |
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| 43 | 43 | | facsimile transmission or other secure electronic means; and |
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| 44 | 44 | | (2) whether the person was also arrested under a |
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| 45 | 45 | | warrant issued under Section 508.251, Government Code. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2009. |
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