| 1 | 1 | | 86R7253 JRR-D |
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| 2 | 2 | | By: Perry S.B. No. 2216 |
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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 the reimbursement to a county for the costs of confining |
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| 8 | 8 | | a person arrested under an out-of-county warrant. |
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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 104.002(a), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a) Except as otherwise provided by this article and Article |
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| 13 | 13 | | 104.0025, a county is liable for all expenses incurred in the |
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| 14 | 14 | | safekeeping of prisoners confined in the county jail or kept under |
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| 15 | 15 | | guard by the county. If a prisoner is transferred to a county from |
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| 16 | 16 | | another county on a change of venue, for safekeeping, or for a |
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| 17 | 17 | | habeas corpus hearing, the county transferring the prisoner is |
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| 18 | 18 | | liable for the expenses described by this article. |
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| 19 | 19 | | SECTION 2. Chapter 104, Code of Criminal Procedure, is |
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| 20 | 20 | | amended by adding Article 104.0025 to read as follows: |
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| 21 | 21 | | Art. 104.0025. EXPENSES FOR CERTAIN PERSONS CONFINED FOR |
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| 22 | 22 | | OUT-OF-COUNTY OFFENSE. (a) If a person is arrested under a warrant |
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| 23 | 23 | | issued in a county other than the county of arrest and notice of the |
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| 24 | 24 | | arrest and commitment has been provided under Article 15.19 to the |
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| 25 | 25 | | sheriff of the county that issued the warrant, the county that |
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| 26 | 26 | | issued the warrant is responsible for all expenses incurred by the |
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| 27 | 27 | | county of arrest relating to the safekeeping in a county jail of the |
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| 28 | 28 | | arrested person. |
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| 29 | 29 | | (b) If the county of arrest incurs expenses for the |
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| 30 | 30 | | safekeeping of the arrested person, the sheriff shall submit to the |
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| 31 | 31 | | county judge an account of expenses incurred by the county for the |
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| 32 | 32 | | person. The county judge shall approve the amount the county judge |
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| 33 | 33 | | determines is a correct statement of the expenses and sign and date |
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| 34 | 34 | | the account. |
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| 35 | 35 | | (c) The county judge shall submit to the commissioners court |
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| 36 | 36 | | of the county that issued the warrant, at a regular term of the |
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| 37 | 37 | | court, the county judge's signed statement of the account described |
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| 38 | 38 | | by Subsection (b). If the commissioners court determines that the |
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| 39 | 39 | | account is in accordance with the law, it shall order the county |
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| 40 | 40 | | treasurer to issue to the sheriff of the county submitting the |
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| 41 | 41 | | statement a draft in an amount approved by the court. |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to a person who is arrested on or after the effective date of this |
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| 44 | 44 | | Act. A person arrested before the effective date of this Act is |
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| 45 | 45 | | governed by the law in effect on the date the person was arrested, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2019. |
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