85R13018 MAW-D
By: Allen H.B. No. 3773
A BILL TO BE ENTITLED
AN ACT
relating to certain persons arrested under a warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 15.18(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a)(1) Except as provided by Subdivision (2), a [A] person
arrested under a warrant issued in a county other than the one in
which the person is arrested shall be taken without unnecessary
delay before a magistrate of the county where the arrest takes place
or, to provide more expeditiously to the arrested person the
warnings described by Article 15.17, before a magistrate in any
other county of this state, including the county where the warrant
was issued.
(2) If a person arrested as described by Subdivision
(1) is also arrested for an offense punishable as a Class B
misdemeanor or any higher category of offense alleged to have been
committed in the county of arrest or is also arrested under a
warrant issued in the county of arrest for an offense punishable as
a Class B misdemeanor or any higher category of offense, the person
shall be taken without unnecessary delay, but not later than 48
hours after the person is arrested, before a magistrate of the
county where the arrest takes place or, to provide more
expeditiously to the arrested person the warnings described by
Article 15.17, before a magistrate in any other county of this
state.
(3) The magistrate before whom an arrested person is
taken under Subdivision (1) or (2) shall:
(A) [(1)] take bail, if allowed by law, and, if
without jurisdiction, immediately transmit the bond taken to the
court having jurisdiction of the offense; or
(B) [(2)] in the case of a person arrested under
warrant for an offense punishable by fine only, accept a written
plea of guilty or nolo contendere, set a fine, determine costs,
accept payment of the fine and costs, give credit for time served,
determine indigency, or, on satisfaction of the judgment, discharge
the defendant, as the case may indicate.
(b) Before the 11th business day after the date a magistrate
accepts a written plea of guilty or nolo contendere in a case under
Subsection (a)(3)(B) [(a)(2)], the magistrate shall, if without
jurisdiction, transmit to the court having jurisdiction of the
offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
SECTION 2. Article 15.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED.
(a) Except as provided by Subsection (b), if [If] the proper office
of the county where the offense is alleged to have been committed
does not demand the arrested person and take charge of the arrested
person before the 11th day after the date the person is committed to
the jail of the county in which the person is arrested, the arrested
person shall be discharged from custody.
(b) If a person arrested under a warrant issued in a county
other than the county in which the person is arrested is also
arrested for an offense punishable as a Class B misdemeanor or any
higher category of offense alleged to have been committed in the
county of arrest or is also arrested under a warrant issued in the
county of arrest for an offense punishable as a Class B misdemeanor
or any higher category of offense, the arrested person shall be
discharged from custody on the 11th day after the date the arrested
person's charge or warrant in the county of arrest is disposed of or
adjudicated, unless the proper office of the county that issued a
warrant under which the person was arrested but that was not the
county of arrest demands the arrested person and takes charge of the
arrested person before that day.
SECTION 3. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.