Untitled Texas Attorney General Opinion ( 1965 )

THE A-rrom GENERAL OF TEXAS AU-TIN. TEXAS 78711 November 9, 1965 Honorable Charles A. Allen opinion NO. c-538 Criminal District Attorney Harrison County Re: Under the stated facts, P. o. BOX 776 whether the hospital bill Marshall, Texas and the doctor bill of the person charged with an aS6aUlt to murder is the responsibility of Dear Mr. Allen: Harrison County. Your letter requesting the opinion of this department on the above~ stated question read6 in part as follows: ,:"WhlleInvestigating a failure to stop and -glve:~lnformationafter an accident, a deputy sheriff called a highway patrolman and they subsequently located the vehicle believed to be the vehicle involved in the accident. The deputy sheriff and the highway patrolman started to walk to a .house where the vehicle wa6 parked and ~.from a concealed place within the house, a man opened fire, shooting the deputy sheriff In the right chest, and while attempting to reload-the rifle, one of the officers shot the assailant, Seriously injuring him. ."The officer radioed for an ambulance and .the assailant and the deputy sheriff were carried to the hospital. The assail- ant was filed on for A66aUlt with Intent to Murder, and a hold wa6 placed on him at the hospital. He was Subsequently in- dicted for AS6aUlt with Intent to Murder by the Grand Jury." Article 1037, Vernon's Code of Criminal Procedure, provides: "Each county shall be liable for all expense incurred on account of the safe keeping of prisoners confined in jail or kept under guard, except prisoners brought from another county for safe keeping, or -257-I- Hon. Charles A. Allen, page 2 (c-538) on habeas corpu6 or change of venue; in which case6, the county from which the prisoner is brought shall be liable for the expense of his safe keeping." This office held In Attorney General'6 Opinion O-IL708 (1942) that a county is liable for the necessary and reasonable medical expenses of a prisoner during illness when the prisoner is confined in .jail or under guard. The reasonableness, as well as the just and proper amount of the charge6 for such medical treatment is a matter to be determined by the Commissioner6 Court. Since the assailant, while In custody of the sheriff, was in need of medical care, and 6UCh care wa6 furnished him, the county became liable for hi6 safe keeping and should pay his necessary medical expenses. SUMMARY A County is responsible for the necessary hospital care and treatment by a doctor of a prisoner while in the custady of the sheriff. Yours very truly, wipGmER CARR Attorney General of Texas 4if@dmjMU BY ’ Roward M. Fender AsSiStant Attorney General HMF:sss APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Gordon Cass Robert E. Owen John Banks APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright -2578-