§ 15.18 — ARREST FOR OUT-OF-COUNTY OFFENSE.

Texas § 15.18

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arrested person the warnings described by Article 15.17 , before a magistrate in any other county of this state, including the county where the warrant was issued. The magistrate shall:
(1) take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
(a-1) If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person requests the appointment of counsel, the magistrate shall, without unnecessary delay but not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to a court or the courts' designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant.
(b) Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
(c) The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17 .
(d) This article does not apply to an arrest made pursuant to a capias pro fine issued under Chapter 43 or Article 45A.259 .

Legislative History

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 2001, 77th Leg., ch. 145, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120 ), Sec. 4, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060 ), Sec. 1, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517 ), Sec. 3, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 2.014, eff. January 1, 2025.