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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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