Sec. 361.029. ARREST, PROSECUTION, EXTRADITION, AND SERVICE OF PROCESS AT JUSTICE CENTER. (a) A person who is in the justice center in the custody, under the law of this state, of a peace officer or center personnel:
(1) is constructively present in this state while the person is in custody in the part of the center located in the other state;
(2) may be prosecuted for an offense against the law of this state without extradition; and
(3) may be personally served with process in any part of the center for a proceeding in this state.
(b) A person who is in the justice center in the custody, under the law of the other state, of a peace officer or center personnel:
(1) is constructively present in the other state while the person is in custody in the part of the center located in this state;
(2) may not be prosecuted for an offense against the law of this state without extradition; and
(3) may not be personally served with process in any part of the center for a proceeding in this state.
(c) This state agrees that a person who is in the justice center in the custody, under the law of the other state, of a peace officer or center personnel may be:
(1) prosecuted for an offense against the law of the other state without extradition; and
(2) personally served with process in any part of the center for a proceeding in the other state.
(d) Justice center personnel or a peace officer of either state may transfer across the state line in the center a person who is in custody in the center under the law of either state and may exercise control over the person on both sides of the state line.
(e) A person who is present in the justice center but who has not been confined in the center, taken to the center under arrest, or summoned to appear in the center, may be arrested without extradition in any part of the center for an offense against the law of either state. Extradition of a person arrested in the justice center under those circumstances is not required for prosecution of the person if the person is actually present in any part of the center or in the state of the prosecution at the time of the prosecution.
(f) A person who is summoned to appear in the justice center under the law of this state:
(1) is constructively present in this state while that person is appearing under the summons in the part of the center located in the other state;
(2) may be arrested in any part of the center for an offense committed against the law of this state and prosecuted for that offense without extradition if the person is actually present in any part of the center or in this state at the time of the prosecution; and
(3) may be personally served with process in any part of the center for a proceeding in this state.
(g) A person who is summoned to appear in the justice center under the law of the other state:
(1) is constructively present in the other state while that person is appearing under the summons in the part of the center located in this state;
(2) may not be arrested, without extradition, under the law of this state in any part of the center for an offense against the law of this state; and
(3) may not be personally served with process in any part of the center for a proceeding in this state.
(h) This state agrees that a person who is summoned to appear in the justice center under the law of the other state may be:
(1) arrested in any part of the center for an offense against the law of the other state and prosecuted for that offense without extradition if the person is actually present in any part of the center or in the other state at the time of the prosecution; and
(2) personally served with process in any part of the center for a proceeding in the other state.
(i) If a person in the justice center is constructively present in one state under this section, the law of the state in which the person is not constructively present may be applied to the person only to the extent that the law of that state would apply if the person were actually outside that state. However, the law applicable to that person's conduct while in the justice center is governed by Section 361.028, and the question of whether extradition is required to arrest or prosecute that person for an offense committed in the center is governed by this section.
(j) A peace officer of this state may:
(1) arrest a person under the law of this state in the part of the justice center located in the other state for an offense against the law of this state if that peace officer is authorized to make that arrest in the part of the center located in this state; and
(2) arrest a person under the law of the other state in any part of the center for an offense against the law of the other state if a peace officer of the other state is authorized to make that arrest in the part of the center located in the other state.
(k) This state agrees that a peace officer of the other state may:
(1) arrest a person under the law of this state in any part of the justice center for an offense against the law of this state if a peace officer of this state is authorized to make that arrest in the part of the center located in this state; and
(2) arrest a person under the law of the other state in the part of the justice center located in this state for an offense against the law of the other state if that peace officer is authorized to make that arrest in the part of the center located in the other state.
(l) Notwithstanding Sections 3 and 6, Article 51.13, Code of Criminal Procedure, the governor of this state may recognize a demand for the extradition of a person charged with a crime in the other state if the demand alleges that any element of the offense occurred in any part of the justice center.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Last modified: September 28, 2016