By Solomons H.B. No. 2485
74R5311 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of municipal courts and municipal
1-3 courts of record, to certain fees or fines imposed by a justice or
1-4 municipal court in a criminal case, and to certain criminal
1-5 procedures in justice or municipal court.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 4.14, Code of Criminal Procedure, is
1-8 amended to read as follows:
1-9 Art. 4.14. MUNICIPAL COURT. (a) All municipal courts,
1-10 including all municipal courts of record, in each municipality
1-11 <incorporated city, town or village of this State> shall have:
1-12 (1) exclusive original jurisdiction within the
1-13 corporate limits in all criminal cases punishable <in which
1-14 punishment is> by fine only <and where the maximum of such fine
1-15 does not exceed $2,000 in all cases arising under the ordinances of
1-16 such city, town or village that govern fire safety, zoning, or
1-17 public health and sanitation, including dumping of refuse and where
1-18 the maximum of such fine does not exceed $500 in all other cases>
1-19 arising under the ordinances of the municipality; and
1-20 (2) <such city, town or village, and shall have>
1-21 concurrent jurisdiction with any justice of the peace in any
1-22 precinct in which the municipality <city, town or village> is
1-23 situated in all criminal cases arising under the criminal laws of
1-24 this State that:
2-1 (A) are punishable<, in which punishment is> by
2-2 fine only;<, and where the maximum of such fine may not exceed
2-3 $500,> and
2-4 (B) arise <arising> within such corporate
2-5 limits.
2-6 (b) The municipal court has jurisdiction in the forfeiture
2-7 and final judgment of all bail bonds and personal bonds taken in
2-8 criminal cases of which the court has jurisdiction.
2-9 SECTION 2. Sections 29.003(a) and (b), Government Code, are
2-10 amended to read as follows:
2-11 (a) A municipal court, including a municipal court of
2-12 record, has exclusive original jurisdiction within the territorial
2-13 limits of the municipality in all criminal cases that:
2-14 (1) arise under the ordinances of the municipality;
2-15 and
2-16 (2) are punishable only by a fine <not to exceed:>
2-17 <(A) $2,000 in all cases arising under municipal
2-18 ordinances that govern fire safety, zoning, or public health and
2-19 sanitation, including dumping of refuse; or>
2-20 <(B) $500 in all other cases>.
2-21 (b) The municipal court has concurrent jurisdiction with the
2-22 justice court of a precinct in which the municipality is located in
2-23 all criminal cases arising under state law that:
2-24 (1) arise within the territorial limits of the
2-25 municipality; and
2-26 (2) are punishable only by a fine <not to exceed
2-27 $500>.
3-1 SECTION 3. Section 30.035(b), Government Code, is amended to
3-2 read as follows:
3-3 (b) The court has concurrent jurisdiction with a justice of
3-4 the peace in any precinct in which the city is located in criminal
3-5 cases within the justice court jurisdiction that:
3-6 (1) arise within the territorial limits of the city;
3-7 and
3-8 (2) are punishable only by fine <not to exceed $500>.
3-9 SECTION 4. Section 30.263(b), Government Code, is amended to
3-10 read as follows:
3-11 (b) The court has concurrent jurisdiction with a justice
3-12 court in any precinct in which the city is located in criminal
3-13 cases within the justice court jurisdiction that:
3-14 (1) arise within the territorial limits of the city;
3-15 and
3-16 (2) are punishable only with a fine <not to exceed
3-17 $500>.
3-18 SECTION 5. Section 30.653(b), Government Code, is amended to
3-19 read as follows:
3-20 (b) The court has concurrent jurisdiction with a justice of
3-21 the peace in any precinct in which the city is located in criminal
3-22 cases within the justice court jurisdiction that:
3-23 (1) arise within the territorial limits of the city;
3-24 and
3-25 (2) are punishable only by fine <not to exceed $500>.
3-26 SECTION 6. Article 45.24, Code of Criminal Procedure, is
3-27 amended to read as follows:
4-1 Art. 45.24. DEFENDANT MAY WAIVE JURY. (a) The accused may
4-2 waive a trial by jury in open court without the consent of the
4-3 state.
4-4 (b) If the accused waives a trial by jury<; and in such
4-5 case>, the justice or municipal judge shall hear and determine the
4-6 cause without a jury.
4-7 SECTION 7. Article 45.25, Code of Criminal Procedure, is
4-8 amended to read as follows:
4-9 Art. 45.25. JURY SUMMONED. If the accused does not waive a
4-10 trial by jury, the justice or municipal judge shall issue a writ
4-11 commanding the proper officer to summon forthwith a venire from
4-12 which six qualified persons shall be selected to serve as jurors in
4-13 the case. Said jurors when so summoned shall remain in attendance
4-14 as jurors in all cases that may come up for hearing until
4-15 discharged by the court. Any person so summoned who fails to
4-16 attend may be fined not exceeding $100 <$20> for contempt.
4-17 SECTION 8. Article 45.40, Code of Criminal Procedure, is
4-18 amended to read as follows:
4-19 Art. 45.40. MISTRIAL. A jury shall be discharged if it
4-20 fails to agree to a verdict after being kept together a reasonable
4-21 time. If there be time left on the same day, another jury may be
4-22 impaneled to try the cause, or the justice may adjourn for not more
4-23 than 30 <two> days and again impanel a jury to try such cause.
4-24 SECTION 9. Chapter 45, Code of Criminal Procedure, is
4-25 amended by adding Article 45.501 to read as follows:
4-26 Art. 45.501. FEE FOR PARTIAL PAYMENTS OF FINE. (a) A
4-27 justice or municipal court may impose and collect a fee not to
5-1 exceed $10 from a defendant for the costs of collecting a fine if
5-2 the justice or municipal court permits the defendant to pay the
5-3 fine in more than one payment.
5-4 (b) The municipal court shall deposit the fee to the credit
5-5 of the municipal treasury. The justice court shall deposit the fee
5-6 to the credit of the county treasury.
5-7 SECTION 10. Article 45.521, Code of Criminal Procedure, is
5-8 amended by adding Subsection (g) to read as follows:
5-9 (g) A justice or municipal court may impose and collect a
5-10 fee not to exceed $10 from a defendant required to perform
5-11 community service for the costs of administering this article. The
5-12 municipal court shall deposit the fee to the credit of the
5-13 municipal treasury. The justice court shall deposit the fee to the
5-14 credit of the county treasury.
5-15 SECTION 11. Article 45.54, Code of Criminal Procedure, is
5-16 amended to read as follows:
5-17 Art. 45.54. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
5-18 DISPOSITION. (1) On a plea of guilty or nolo contendere by a
5-19 defendant or on a finding of guilt in a misdemeanor case punishable
5-20 by fine only and payment of all court costs, the justice may defer
5-21 further proceedings without entering an adjudication of guilt and
5-22 place the defendant on probation for a period not to exceed 180
5-23 days. This article does not apply to a misdemeanor case disposed
5-24 of by Section 143A, Uniform Act Regulating Traffic on Highways
5-25 (Article 6701d, Vernon's Texas Civil Statutes), or a serious
5-26 traffic violation as defined in Section 3(26), Texas Commercial
5-27 Driver's License Act (Article 6687b-2, Revised Statutes).
6-1 (2) During the deferral period, the justice may <shall>
6-2 require the defendant to:
6-3 (a) successfully complete a Central Education
6-4 Agency-approved driving safety course, if the offense alleged is an
6-5 offense involving the operation of a motor vehicle, other than a
6-6 commercial motor vehicle, as defined in Subdivision (6), Section 3,
6-7 Texas Commercial Driver's License Act (Article 6687b-2, Revised
6-8 Statutes);<, and the defendant:>
6-9 <(A) has completed an approved driving safety
6-10 course within the preceding 12 months; or>
6-11 <(B) is a first-time offender who elects
6-12 deferred adjudication.>
6-13 <(3) During said deferral period, the justice may require
6-14 the defendant to:>
6-15 (b) <(a)> post a bond in the amount of the fine
6-16 assessed to secure payment of the fine;
6-17 (c) <(b)> pay restitution to the victim of the offense
6-18 in an amount not to exceed the fine assessed;
6-19 (d) <(c)> submit to professional counseling; or
6-20 (e) <(d)> comply with any other reasonable condition<;
6-21 and>
6-22 <(e) require the defendant to successfully complete a
6-23 Central Education Agency approved driving safety course, if:>
6-24 <(1) the offense alleged is an offense involving
6-25 the operation of a motor vehicle, other than a commercial motor
6-26 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
6-27 Driver's License Act (Article 6687b-2, Revised Statutes); and>
7-1 <(2) the defendant has not completed an approved
7-2 driving safety course within the preceding 12 months>.
7-3 (3) <(4)> At the conclusion of the deferral period, if the
7-4 defendant presents satisfactory evidence that he has complied with
7-5 the requirements imposed, the justice shall dismiss the complaint,
7-6 and it shall be clearly noted in the docket that the complaint is
7-7 dismissed and that there is not a final conviction. Otherwise, the
7-8 justice may proceed with an adjudication of guilt. After an
7-9 adjudication of guilt, the justice may reduce the fine assessed or
7-10 may then impose the fine assessed, less any portion of the assessed
7-11 fine that has been paid. If the complaint is dismissed, a special
7-12 expense not to exceed the amount of the fine assessed may be
7-13 imposed.
7-14 (4) <(5)> If at the conclusion of the deferral period the
7-15 defendant does not present satisfactory evidence that the defendant
7-16 complied with the requirements imposed, the justice may impose the
7-17 fine assessed or impose a lesser fine. The imposition of the fine
7-18 or lesser fine constitutes a final conviction of the defendant.
7-19 (5) <(6)> Records relating to a complaint dismissed as
7-20 provided by this article may be expunged under Article 55.01 of
7-21 this code. If a complaint is dismissed under this article, there
7-22 is not a final conviction and the complaint may not be used against
7-23 the person for any purpose.
7-24 SECTION 12. (a) The change in law made by Article 4.14,
7-25 Code of Criminal Procedure, and Sections 29.003, 30.035, 30.263,
7-26 and 30.653, Government Code, as amended by this Act, applies only
7-27 to jurisdiction over an offense committed on or after the effective
8-1 date of this Act. For purposes of this subsection, an offense is
8-2 committed before the effective date of this Act if any element of
8-3 the offense occurs before the effective date. Jurisdiction over an
8-4 offense committed before the effective date of this Act is covered
8-5 by the law in effect when the offense was committed, and the former
8-6 law is continued in effect for this purpose.
8-7 (b) The change in law made by Article 45.25, Code of
8-8 Criminal Procedure, as amended by this Act, applies only to a
8-9 person summoned for jury duty on or after the effective date of
8-10 this Act. A person summoned for jury duty before the effective
8-11 date of this Act is covered by the law in effect when the person
8-12 was summoned, and the former law is continued in effect for this
8-13 purpose.
8-14 (c) The change in law made by Article 45.40, Code of
8-15 Criminal Procedure, as amended by this Act, applies only to a
8-16 mistrial declared on or after the effective date of this Act. A
8-17 mistrial declared before the effective date of this Act is covered
8-18 by the law in effect when the mistrial was declared, and the former
8-19 law is continued in effect for this purpose.
8-20 (d) The change in law made by Articles 45.501 and 45.521(g),
8-21 Code of Criminal Procedure, as added by this Act, applies only to a
8-22 defendant sentenced on or after the effective date of this Act. A
8-23 defendant sentenced before the effective date of this Act is
8-24 covered by the law in effect when the defendant was sentenced, and
8-25 the former law is continued in effect for this purpose.
8-26 (e) The change in law made by Article 45.54, Code of
8-27 Criminal Procedure, as amended by this Act, applies only to an
9-1 offense committed on or after the effective date of this Act. For
9-2 purposes of this subsection, an offense is committed before the
9-3 effective date of this Act if any element of the offense occurs
9-4 before the effective date. An offense committed before the
9-5 effective date of this Act is covered by the law in effect when the
9-6 offense was committed, and the former law is continued in effect
9-7 for this purpose.
9-8 SECTION 13. This Act takes effect September 1, 1995.
9-9 SECTION 14. The importance of this legislation and the
9-10 crowded condition of the calendars in both houses create an
9-11 emergency and an imperative public necessity that the
9-12 constitutional rule requiring bills to be read on three several
9-13 days in each house be suspended, and this rule is hereby suspended.