| 1 | 1 | | 84R22039 ADM-F |
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| 2 | 2 | | By: Moody H.B. No. 2658 |
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| 3 | 3 | | Substitute the following for H.B. No. 2658: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2658 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the courts authorized to hear certain matters relating |
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| 10 | 10 | | to a capias pro fine. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 43.05(b), Code of Criminal Procedure, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) A capias pro fine authorizes a peace officer to place |
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| 15 | 15 | | the defendant in jail until the business day following the date of |
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| 16 | 16 | | the defendant's arrest if the defendant cannot be brought before |
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| 17 | 17 | | the court immediately. Instead of placing the defendant in jail as |
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| 18 | 18 | | authorized by this subsection, the peace officer may bring the |
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| 19 | 19 | | defendant before another court that is in the same territorial |
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| 20 | 20 | | jurisdiction as, and that has concurrent jurisdiction with, the |
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| 21 | 21 | | court that issued the capias pro fine. |
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| 22 | 22 | | SECTION 2. Article 45.045, Code of Criminal Procedure, is |
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| 23 | 23 | | amended by adding Subsection (a-1) to read as follows: |
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| 24 | 24 | | (a-1) Instead of placing the defendant in jail as authorized |
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| 25 | 25 | | by Subsection (a), the peace officer may bring the defendant before |
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| 26 | 26 | | another court that is in the same county as, and that has concurrent |
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| 27 | 27 | | jurisdiction with, the court that issued the capias pro fine. |
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| 28 | 28 | | SECTION 3. Article 45.046, Code of Criminal Procedure, is |
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| 29 | 29 | | amended by adding Subsection (d) to read as follows: |
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| 30 | 30 | | (d) For purposes of a hearing described by Subsection (a), |
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| 31 | 31 | | if the defendant cannot be immediately brought before the court |
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| 32 | 32 | | that entered the judgment and sentence against the defendant, |
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| 33 | 33 | | another court that is in the same county as, and that has concurrent |
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| 34 | 34 | | jurisdiction with, the court that entered the judgment and sentence |
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| 35 | 35 | | may conduct the hearing. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2015. |
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