Bill Text: TX SB2216 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the reimbursement to a county for the costs of confining a person arrested under an out-of-county warrant.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2216 Detail]
Download: Texas-2019-SB2216-Introduced.html
| 86R7253 JRR-D | ||
| By: Perry | S.B. No. 2216 | |
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| relating to the reimbursement to a county for the costs of confining | ||
| a person arrested under an out-of-county warrant. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 104.002(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) Except as otherwise provided by this article and Article | ||
| 104.0025, a county is liable for all expenses incurred in the | ||
| safekeeping of prisoners confined in the county jail or kept under | ||
| guard by the county. If a prisoner is transferred to a county from | ||
| another county on a change of venue, for safekeeping, or for a | ||
| habeas corpus hearing, the county transferring the prisoner is | ||
| liable for the expenses described by this article. | ||
| SECTION 2. Chapter 104, Code of Criminal Procedure, is | ||
| amended by adding Article 104.0025 to read as follows: | ||
| Art. 104.0025. EXPENSES FOR CERTAIN PERSONS CONFINED FOR | ||
| OUT-OF-COUNTY OFFENSE. (a) If a person is arrested under a warrant | ||
| issued in a county other than the county of arrest and notice of the | ||
| arrest and commitment has been provided under Article 15.19 to the | ||
| sheriff of the county that issued the warrant, the county that | ||
| issued the warrant is responsible for all expenses incurred by the | ||
| county of arrest relating to the safekeeping in a county jail of the | ||
| arrested person. | ||
| (b) If the county of arrest incurs expenses for the | ||
| safekeeping of the arrested person, the sheriff shall submit to the | ||
| county judge an account of expenses incurred by the county for the | ||
| person. The county judge shall approve the amount the county judge | ||
| determines is a correct statement of the expenses and sign and date | ||
| the account. | ||
| (c) The county judge shall submit to the commissioners court | ||
| of the county that issued the warrant, at a regular term of the | ||
| court, the county judge's signed statement of the account described | ||
| by Subsection (b). If the commissioners court determines that the | ||
| account is in accordance with the law, it shall order the county | ||
| treasurer to issue to the sheriff of the county submitting the | ||
| statement a draft in an amount approved by the court. | ||
| 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, 2019. | ||
