By: Riddle (Senate Sponsor - Whitmire) H.B. No. 2300
(In the Senate - Received from the House May 11, 2015;
May 12, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to eliminating telegraph transmission as a method to
communicate certain information in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.08. WARRANT MAY BE FORWARDED. 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 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.
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. The[; 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. Articles 15.10, 15.11, 15.12, and 15.13, Code of
Criminal Procedure, are repealed.
SECTION 4. This Act takes effect September 1, 2015.
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