SRC-SLL H.B. 1291 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1291
By: Solomons (Wentworth)
Jurisprudence
5-6-97
Engrossed


DIGEST 

Justice and municipal courts are currently authorized to impose a sanction
not consisting of confinement or imprisonment "that is rehabilitative or
remedial in nature."  Some courts have found that sentencing a person to
community service is a punitive sanction that is not rehabilitative or
remedial in nature.  This bill will change the regulations regarding the
jurisdiction of justice and municipal courts. 

PURPOSE

As proposed, H.B. 1291 changes the regulations regarding the jurisdiction
of justice and municipal courts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 4.11(a), Code of Criminal Procedure, to require
justices of the peace to have original jurisdiction in criminal cases
punishable by a sanction not consisting of confinement or imprisonment, as
authorized by statute.  Deletes a reference to a sanction that is
rehabilitative or remedial in nature. 

SECTION 2. Amends Article 4.14(c), Code of Criminal Procedure, to make
conforming and nonsubstantive changes. 

SECTION 3. Amends Section 29.003(c), Government Code, to make conforming
changes. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.