PMWJ H.B. 1916 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1916
By: Goodman
3-12-97
Committee Report (Amended)



BACKGROUND 

 Tarrant County has ten (10) statutory county criminal courts.  In 1995,
the Legislature converted County Criminal Court Number 5 (CCC5) into a
traffic appeals court in order to address a large backlog of cases from
the other county courts.  The backlog of cases has been reduced from
35,000 cases to little more than 350 cases due to the effectiveness of the
appeals court, and the establishment of new courts of record in most
municipalities. 
 Currently, there is a large backlog of domestic violence cases in Tarrant
County where these cases are distributed throughout the County Criminal
Courts, the District Courts and protective orders that are addressed in
six Civil Courts.  In addition, filings of domestic violence cases in
Tarrant County have risen from 2,200 in 1993 to 3,700 in 1995, an increase
of 37.7 percent. Legislation is needed to reduce the backlog of domestic
violence cases in Tarrant County, eliminate excessive delays in
prosecuting these cases, provide adequate protection to victims, and to
ensure a fair trial for defendants.     


PURPOSE

 The purpose of this legislation is to restore the original criminal
jurisdiction of CCC5 and require the court to give preference to three
types of cases: domestic violence, violations of protective orders, and
stalking.  The court would not hear civil matters or felonies. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Sec. 25.2221 of the Government Code.  CCC5 is not listed
in subsection (b) as being a county criminal court because the legislature
changed it to the only county court of appeals in Tarrant County in 1995.
This section adds CCC5 as a county criminal court in Tarrant County and
renumbers Tarrant County Criminal Courts 6-10. 

 SECTION 2 amends Sec. 25.2223 of the Government Code.
 Subsec. (a)is amended to authorize concurrent jurisdiction within the
county over appeals from justice courts and municipal courts in the county
in all county criminal courts in Tarrant County. 
 New Subsec. (l) requires County Criminal Court No. 5 of Tarrant County to
give preference to three types of cases: domestic violence, violations of
protective orders, and stalking.  

 SECTION 3 repeals Sections 25.2221(d) and 25.2225 of the Government Code,
governing the Tarrant County Court of Appeals because there will no longer
be a Tarrant County Court of Appeals.  

  SECTION 4.  Subsec. (a) redesignates the County Criminal Court of
Appeals of Tarrant County as County Criminal Court No. 5 of Tarrant
County.  Subsec. (b) provides for filling the initial vacancy of the court
and terms of office. 

 SECTION 5 provides that the initial term of County Criminal Court No. 5
of Tarrant County ends December 31, 1998 and that the commissioners court
shall determine terms after the initial term. 

 SECTION 6.  Effective date.

 SECTION 7.  Emergency clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 adds Tarrant County Criminal Court No. 5 to the
list of Tarrant County Criminal Courts authorized to conduct arraignments,
pretrial hearings and accept guilty pleas in felony cases.