By: RodrÃguez S.B. No. 873
(In the Senate - Filed March 2, 2015; March 4, 2015, read
first time and referred to Committee on Criminal Justice;
April 20, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 20, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 873 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the courts authorized to hear certain matters relating
to a capias pro fine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.05(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A capias pro fine authorizes a peace officer to place
the defendant in jail until the business day following the date of
the defendant's arrest if the defendant cannot be brought before
the court immediately. Instead of placing the defendant in jail as
authorized by this subsection, the peace officer may bring the
defendant before another court that is in the same territorial
jurisdiction as, and that has concurrent jurisdiction with, the
court that issued the capias pro fine.
SECTION 2. Article 45.045, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Instead of placing the defendant in jail as authorized
by Subsection (a), the peace officer may bring the defendant before
another court that is in the same county as, and that has concurrent
jurisdiction with, the court that issued the capias pro fine.
SECTION 3. Article 45.046, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) For purposes of a hearing described by Subsection (a),
if the defendant cannot be immediately brought before the court
that entered the judgment and sentence against the defendant,
another court that is in the same county as, and that has concurrent
jurisdiction with, the court that entered the judgment and sentence
may conduct the hearing.
SECTION 4. This Act takes effect September 1, 2015.
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