By: Brown S.B. No. 576
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the jurisdiction of justice courts in certain
1-2 misdemeanor cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4.11, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 4.11. JURISDICTION OF JUSTICE COURTS. (a) Justices of
1-7 the peace shall have original jurisdiction in criminal misdemeanor
1-8 cases that are:
1-9 (1) punishable by fine only;
1-10 (2) punishable as Class C misdemeanors under Section
1-11 12.23, Penal Code; or
1-12 (3) punishable by fine and only such additional
1-13 punishment as is described in Subsection (b) of this article.
1-14 (b) In this article, "additional punishment" means
1-15 punishment that does not include confinement in jail but may
1-16 provide other punishment, including but not limited to:
1-17 (1) a penalty assessed by the justice court, in
1-18 addition to or in lieu of a fine, that is rehabilitative or
1-19 remedial in nature, including but not limited to:
1-20 (A) approved driving safety courses;
1-21 (B) alcohol awareness courses;
1-22 (C) cease and desist orders;
1-23 (D) peace bonds;
2-1 (E) drivers' license suspensions or revocations;
2-2 or
2-3 (F) penalties as otherwise provided by law; or
2-4 (2) penalties assessed by other entities or agencies,
2-5 including but not limited to license suspensions or revocations
2-6 <where the fine to be imposed by law may not exceed five hundred
2-7 dollars>.
2-8 SECTION 2. Section 12.23, Penal Code, is amended to read as
2-9 follows:
2-10 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
2-11 guilty of an offense classified as a Class C misdemeanor for which
2-12 no other penalty is prescribed shall be punished by a fine not to
2-13 exceed $500.
2-14 SECTION 3. This Act takes effect September 1, 1995.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.