| 1 | 1 | | 86R2391 MAW-D |
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| 2 | 2 | | By: Perry S.B. No. 172 |
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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 procedures applicable to a person arrested for |
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| 8 | 8 | | an out-of-county offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 1.051(c-1), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (c-1) If an indigent defendant is arrested under a warrant |
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| 13 | 13 | | issued in a county other than the county in which the arrest was |
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| 14 | 14 | | made and the defendant is entitled to and requests appointed |
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| 15 | 15 | | counsel, a court or the courts' designee authorized under Article |
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| 16 | 16 | | 26.04 to appoint counsel for indigent defendants in the county that |
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| 17 | 17 | | issued the warrant shall appoint counsel within the periods |
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| 18 | 18 | | prescribed by Subsection (c), regardless of whether the defendant |
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| 19 | 19 | | is present within the county issuing the warrant and even if |
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| 20 | 20 | | adversarial judicial proceedings have not yet been initiated |
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| 21 | 21 | | against the defendant in the county issuing the warrant. However, |
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| 22 | 22 | | if the defendant has not been transferred or released into the |
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| 23 | 23 | | custody of the county issuing the warrant before the eighth [11th] |
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| 24 | 24 | | day after the date of the arrest and if counsel has not otherwise |
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| 25 | 25 | | been appointed for the defendant in the arresting county under this |
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| 26 | 26 | | article, a court or the courts' designee authorized under Article |
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| 27 | 27 | | 26.04 to appoint counsel for indigent defendants in the arresting |
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| 28 | 28 | | county immediately shall appoint counsel to represent the defendant |
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| 29 | 29 | | in any matter under Chapter 11 or 17, regardless of whether |
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| 30 | 30 | | adversarial judicial proceedings have been initiated against the |
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| 31 | 31 | | defendant in the arresting county. If counsel is appointed for the |
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| 32 | 32 | | defendant in the arresting county as required by this subsection, |
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| 33 | 33 | | the arresting county may seek from the county that issued the |
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| 34 | 34 | | warrant reimbursement for the actual costs paid by the arresting |
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| 35 | 35 | | county for the appointed counsel. |
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| 36 | 36 | | SECTION 2. Article 15.20(b), Code of Criminal Procedure, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | (b) A sheriff who receives notice under Article 15.19(a)(2) |
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| 39 | 39 | | of a warrant issued under Section 508.251, Government Code, shall |
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| 40 | 40 | | have the arrested person brought before the proper magistrate or |
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| 41 | 41 | | court before the eighth [11th] day after the date the person is |
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| 42 | 42 | | committed to the jail of the county in which the person was |
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| 43 | 43 | | arrested. |
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| 44 | 44 | | SECTION 3. Article 15.21, Code of Criminal Procedure, is |
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| 45 | 45 | | amended to read as follows: |
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| 46 | 46 | | Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY |
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| 47 | 47 | | DEMANDED. If the proper office of the county where the offense is |
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| 48 | 48 | | alleged to have been committed does not demand an arrested person |
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| 49 | 49 | | described by Article 15.19 and take charge of the arrested person |
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| 50 | 50 | | before the eighth [11th] day after the date the person is committed |
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| 51 | 51 | | to the jail of the county in which the person is arrested, a |
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| 52 | 52 | | magistrate in the county where the person was arrested shall: |
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| 53 | 53 | | (1) release the arrested person on personal bond |
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| 54 | 54 | | without sureties or other security; and |
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| 55 | 55 | | (2) forward the personal bond to: |
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| 56 | 56 | | (A) the sheriff of the county where the offense |
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| 57 | 57 | | is alleged to have been committed; or |
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| 58 | 58 | | (B) the court that issued the warrant of arrest. |
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| 59 | 59 | | SECTION 4. The change in law made by this Act applies only |
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| 60 | 60 | | to a person who is arrested on or after the effective date of this |
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| 61 | 61 | | Act. A person arrested before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect on the date the person was arrested, |
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| 63 | 63 | | and the former law is continued in effect for that purpose. |
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| 64 | 64 | | SECTION 5. This Act takes effect September 1, 2019. |
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