Bill Text: TX SB172 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to certain procedures applicable to a person arrested for an out-of-county offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-01 - Referred to Criminal Justice [SB172 Detail]

Download: Texas-2019-SB172-Introduced.html

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86R2391 MAW-D
By: Perry S.B. No. 172

A BILL TO BE ENTITLED
AN ACT
relating to certain procedures applicable to a person arrested for
an out-of-county offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 1.051(c-1), Code of Criminal Procedure,
is amended to read as follows:
(c-1) If an indigent defendant is arrested under a warrant
issued in a county other than the county in which the arrest was
made and the defendant is entitled to and requests appointed
counsel, a court or the courts' designee authorized under Article
26.04 to appoint counsel for indigent defendants in the county that
issued the warrant shall appoint counsel within the periods
prescribed by Subsection (c), regardless of whether the defendant
is present within the county issuing the warrant and even if
adversarial judicial proceedings have not yet been initiated
against the defendant in the county issuing the warrant. However,
if the defendant has not been transferred or released into the
custody of the county issuing the warrant before the eighth [11th]
day after the date of the arrest and if counsel has not otherwise
been appointed for the defendant in the arresting county under this
article, a court or the courts' designee authorized under Article
26.04 to appoint counsel for indigent defendants in the arresting
county immediately shall appoint counsel to represent the defendant
in any matter under Chapter 11 or 17, regardless of whether
adversarial judicial proceedings have been initiated against the
defendant in the arresting county. If counsel is appointed for the
defendant in the arresting county as required by this subsection,
the arresting county may seek from the county that issued the
warrant reimbursement for the actual costs paid by the arresting
county for the appointed counsel.
SECTION 2. Article 15.20(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A sheriff who receives notice under Article 15.19(a)(2)
of a warrant issued under Section 508.251, Government Code, shall
have the arrested person brought before the proper magistrate or
court before the eighth [11th] day after the date the person is
committed to the jail of the county in which the person was
arrested.
SECTION 3. Article 15.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.21. RELEASE ON PERSONAL BOND IF NOT TIMELY
DEMANDED. If the proper office of the county where the offense is
alleged to have been committed does not demand an arrested person
described by Article 15.19 and take charge of the arrested person
before the eighth [11th] day after the date the person is committed
to the jail of the county in which the person is arrested, a
magistrate in the county where the person was arrested shall:
(1) release the arrested person on personal bond
without sureties or other security; and
(2) forward the personal bond to:
(A) the sheriff of the county where the offense
is alleged to have been committed; or
(B) the court that issued the warrant of arrest.
SECTION 4. 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 5. This Act takes effect September 1, 2019.