H.B. No. 1060
AN ACT
relating to certain procedures for forwarding a warrant of arrest
or a complaint in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 15.08 and 15.09, Code of Criminal
Procedure, are amended to read as follows:
Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A
warrant of arrest may be forwarded by any method that ensures the
transmission of a duplicate of the original warrant, including
secure facsimile transmission or other secure electronic means or a
telegraph transmission from any telegraph office to another in this
State. If issued by any magistrate named in Article 15.06, the
peace officer receiving the same shall execute it without delay. If
it be issued by any other magistrate than is named in Article 15.06,
the peace officer receiving the same shall proceed with it to the
nearest magistrate of the peace officer's [his] county, who shall
endorse thereon, in substance, these words:
"Let this warrant be executed in the county of ...........",
which endorsement shall be dated and signed officially by the
magistrate making the same.
Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A
complaint in accordance with Article 15.05, may be forwarded
[telegraphed,] as provided by Article 15.08 [in the preceding
Article,] to any magistrate in the State; and the magistrate who
receives the same shall forthwith issue a warrant for the arrest of
the accused; and the accused, when arrested, shall be dealt with as
provided in this Chapter in similar cases.
SECTION 2. Article 15.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) If the arrested person fails or refuses to give bail, as
provided in Article 15.18, the arrested person shall be committed
to the jail of the county where the person was arrested; and the
magistrate committing the arrested person shall immediately
provide notice to the sheriff of the county in which the offense is
alleged to have been committed regarding:
(1) the arrest and commitment, which notice may be
given by telegraph, mail, or other written means or by secure
facsimile transmission or other secure electronic means; and
(2) whether the person was also arrested under a
warrant issued under Section 508.251, Government Code.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1060 was passed by the House on April
15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1060 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor