| 1 | 1 | | 85R13018 MAW-D |
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| 2 | 2 | | By: Allen H.B. No. 3773 |
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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 persons arrested under a warrant. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Articles 15.18(a) and (b), Code of Criminal |
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| 10 | 10 | | Procedure, are amended to read as follows: |
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| 11 | 11 | | (a)(1) Except as provided by Subdivision (2), a [A] person |
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| 12 | 12 | | arrested under a warrant issued in a county other than the one in |
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| 13 | 13 | | which the person is arrested shall be taken without unnecessary |
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| 14 | 14 | | delay before a magistrate of the county where the arrest takes place |
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| 15 | 15 | | or, to provide more expeditiously to the arrested person the |
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| 16 | 16 | | warnings described by Article 15.17, before a magistrate in any |
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| 17 | 17 | | other county of this state, including the county where the warrant |
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| 18 | 18 | | was issued. |
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| 19 | 19 | | (2) If a person arrested as described by Subdivision |
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| 20 | 20 | | (1) is also arrested for an offense punishable as a Class B |
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| 21 | 21 | | misdemeanor or any higher category of offense alleged to have been |
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| 22 | 22 | | committed in the county of arrest or is also arrested under a |
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| 23 | 23 | | warrant issued in the county of arrest for an offense punishable as |
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| 24 | 24 | | a Class B misdemeanor or any higher category of offense, the person |
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| 25 | 25 | | shall be taken without unnecessary delay, but not later than 48 |
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| 26 | 26 | | hours after the person is arrested, before a magistrate of the |
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| 27 | 27 | | county where the arrest takes place or, to provide more |
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| 28 | 28 | | expeditiously to the arrested person the warnings described by |
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| 29 | 29 | | Article 15.17, before a magistrate in any other county of this |
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| 30 | 30 | | state. |
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| 31 | 31 | | (3) The magistrate before whom an arrested person is |
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| 32 | 32 | | taken under Subdivision (1) or (2) shall: |
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| 33 | 33 | | (A) [(1)] take bail, if allowed by law, and, if |
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| 34 | 34 | | without jurisdiction, immediately transmit the bond taken to the |
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| 35 | 35 | | court having jurisdiction of the offense; or |
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| 36 | 36 | | (B) [(2)] in the case of a person arrested under |
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| 37 | 37 | | warrant for an offense punishable by fine only, accept a written |
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| 38 | 38 | | plea of guilty or nolo contendere, set a fine, determine costs, |
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| 39 | 39 | | accept payment of the fine and costs, give credit for time served, |
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| 40 | 40 | | determine indigency, or, on satisfaction of the judgment, discharge |
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| 41 | 41 | | the defendant, as the case may indicate. |
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| 42 | 42 | | (b) Before the 11th business day after the date a magistrate |
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| 43 | 43 | | accepts a written plea of guilty or nolo contendere in a case under |
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| 44 | 44 | | Subsection (a)(3)(B) [(a)(2)], the magistrate shall, if without |
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| 45 | 45 | | jurisdiction, transmit to the court having jurisdiction of the |
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| 46 | 46 | | offense: |
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| 47 | 47 | | (1) the written plea; |
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| 48 | 48 | | (2) any orders entered in the case; and |
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| 49 | 49 | | (3) any fine or costs collected in the case. |
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| 50 | 50 | | SECTION 2. Article 15.21, Code of Criminal Procedure, is |
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| 51 | 51 | | amended to read as follows: |
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| 52 | 52 | | Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED. |
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| 53 | 53 | | (a) Except as provided by Subsection (b), if [If] the proper office |
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| 54 | 54 | | of the county where the offense is alleged to have been committed |
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| 55 | 55 | | does not demand the arrested person and take charge of the arrested |
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| 56 | 56 | | person before the 11th day after the date the person is committed to |
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| 57 | 57 | | the jail of the county in which the person is arrested, the arrested |
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| 58 | 58 | | person shall be discharged from custody. |
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| 59 | 59 | | (b) If a person arrested under a warrant issued in a county |
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| 60 | 60 | | other than the county in which the person is arrested is also |
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| 61 | 61 | | arrested for an offense punishable as a Class B misdemeanor or any |
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| 62 | 62 | | higher category of offense alleged to have been committed in the |
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| 63 | 63 | | county of arrest or is also arrested under a warrant issued in the |
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| 64 | 64 | | county of arrest for an offense punishable as a Class B misdemeanor |
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| 65 | 65 | | or any higher category of offense, the arrested person shall be |
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| 66 | 66 | | discharged from custody on the 11th day after the date the arrested |
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| 67 | 67 | | person's charge or warrant in the county of arrest is disposed of or |
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| 68 | 68 | | adjudicated, unless the proper office of the county that issued a |
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| 69 | 69 | | warrant under which the person was arrested but that was not the |
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| 70 | 70 | | county of arrest demands the arrested person and takes charge of the |
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| 71 | 71 | | arrested person before that day. |
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| 72 | 72 | | SECTION 3. The change in law made by this Act applies only |
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| 73 | 73 | | to a person who is arrested on or after the effective date of this |
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| 74 | 74 | | Act. A person arrested before the effective date of this Act is |
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| 75 | 75 | | governed by the law in effect on the date the person was arrested, |
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| 76 | 76 | | and the former law is continued in effect for that purpose. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2017. |
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