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AN ACT
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relating to the inclusion of a magistrate's name on certain signed |
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orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.101 to read as follows: |
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Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. (a) Any |
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signed order that is issued by a magistrate under this code or any |
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signed order pertaining to a criminal matter that is issued by a |
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magistrate under the Family Code, the Government Code, or other law |
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of this state must include, with the magistrate's signature, the |
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magistrate's name in legible handwriting, legible typewritten |
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form, or legible stamp print. |
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(b) The failure of a magistrate to include the magistrate's |
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name on an order as provided by Subsection (a) does not affect the |
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validity of the order. |
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(c) A defendant in a criminal action may make a motion to add |
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to an order that does not comply with Subsection (a) the name of the |
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magistrate who signed the order if: |
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(1) the order is relevant to the action; and |
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(2) the defendant is unable to identify the magistrate |
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who signed the order. |
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(d) The supreme court may adopt rules to implement this |
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article. |
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SECTION 2. The change in law made by this Act in adding |
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Article 2.101, Code of Criminal Procedure, applies to a signed |
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order issued by a magistrate on or after the effective date of this |
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Act. A signed order issued by a magistrate before the effective |
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date of this Act is governed by the law in effect on the date the |
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order was issued, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1712 was passed by the House on April |
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20, 2023, by the following vote: Yeas 144, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1712 on May 19, 2023, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1712 was passed by the Senate, with |
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amendments, on May 16, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |