| 1 | 1 | | By: Bernal H.B. No. 289 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to state, local, and court involvement in determining |
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| 7 | 7 | | whether victims and witnesses to an offense and certain detained, |
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| 8 | 8 | | arrested, or incarcerated persons are lawfully present in the |
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| 9 | 9 | | United States. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The following provisions are repealed: |
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| 12 | 12 | | (1) Articles 2.13(d) and (e), Code of Criminal |
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| 13 | 13 | | Procedure; |
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| 14 | 14 | | (2) Article 2.251, Code of Criminal Procedure; |
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| 15 | 15 | | (3) Article 17.16(a-1), Code of Criminal Procedure; |
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| 16 | 16 | | (4) Article 42.039, Code of Criminal Procedure; |
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| 17 | 17 | | (5) Section 402.0241, Government Code; |
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| 18 | 18 | | (6) Subchapter C, Chapter 752, Government Code; |
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| 19 | 19 | | (7) Section 772.0076, Government Code; |
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| 20 | 20 | | (8) Section 87.031(c), Local Government Code; and |
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| 21 | 21 | | (9) Section 39.07, Penal Code. |
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| 22 | 22 | | SECTION 2. Article 17.16(a), Code of Criminal Procedure, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) A surety may before forfeiture relieve the surety of the |
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| 25 | 25 | | surety's undertaking by: |
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| 26 | 26 | | (1) surrendering the accused into the custody of the |
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| 27 | 27 | | sheriff of the county where the prosecution is pending; or |
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| 28 | 28 | | (2) delivering to the sheriff of the county in which |
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| 29 | 29 | | the prosecution is pending and to the office of the prosecuting |
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| 30 | 30 | | attorney an affidavit stating that the accused is incarcerated in[: |
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| 31 | 31 | | [(A)] federal custody, in [subject to Subsection |
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| 32 | 32 | | (a-1); |
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| 33 | 33 | | [(B)] the custody of any state,[;] or in |
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| 34 | 34 | | [(C)] any county of this state. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect on the 91st day after the last day of the |
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| 40 | 40 | | legislative session. |
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