By Tillery H.B. No. 2989
75R7270 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures governing the prosecution and
1-3 administration of misdemeanor offenses in the jurisdiction of the
1-4 justice and municipal courts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Chapter 45, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 CHAPTER 45. JUSTICE AND MUNICIPAL [CORPORATION] COURTS
1-9 SECTION 2. Chapter 45, Code of Criminal Procedure, is
1-10 amended by adding a new Subchapter A to read as follows:
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this
1-13 chapter is to establish procedures for processing cases that come
1-14 within the criminal jurisdiction of the justice courts and
1-15 municipal courts. This chapter is intended and shall be construed
1-16 to achieve the following objectives:
1-17 (1) to provide fair notice to and a meaningful
1-18 opportunity to be heard by a person appearing in a criminal
1-19 proceeding before a justice or municipal court;
1-20 (2) to ensure appropriate dignity in court procedure
1-21 without undue formalism;
1-22 (3) to promote adherence to rules with sufficient
1-23 flexibility to serve the ends of justice; and
1-24 (4) to process cases without unnecessary expense or
2-1 delay.
2-2 Art. 45.002. APPLICATION OF CHAPTER. Criminal proceedings
2-3 in the justice and municipal courts shall be conducted in
2-4 accordance with this chapter, including any other rules of
2-5 procedure specifically made applicable to those proceedings by this
2-6 chapter. If this chapter does not provide a rule of procedure
2-7 governing any aspect of a case, the justice or judge shall apply
2-8 the other general provisions of this code to the extent necessary
2-9 to achieve the objectives of this chapter.
2-10 SECTION 3. The articles of Chapter 45, Code of Criminal
2-11 Procedure, added or redesignated by this Act as Articles 45.011
2-12 through 45.053, Code of Criminal Procedure, are designated as
2-13 Subchapter B of Chapter 45, Code of Criminal Procedure, and a
2-14 heading is added to that subchapter to read as follows:
2-15 SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS
2-16 SECTION 4. Article 45.38, Code of Criminal Procedure, is
2-17 redesignated as Article 45.011 and amended to read as follows:
2-18 Art. 45.011 [45.38]. RULES OF EVIDENCE. The rules of
2-19 evidence that [which] govern the trials of criminal actions in the
2-20 district court [shall] apply to a criminal proceeding [such
2-21 actions] in a justice or municipal court [courts].
2-22 SECTION 5. Article 45.021, Code of Criminal Procedure, is
2-23 redesignated as Article 45.012 and amended to read as follows:
2-24 Art. 45.012 [45.021]. ELECTRONICALLY CREATED RECORDS. (a)
2-25 Notwithstanding any other provision of law, a document that is
2-26 issued by a justice or municipal court may be created by electronic
2-27 means, including optical imaging, optical disk, or other electronic
3-1 reproduction technique that does not permit changes, additions, or
3-2 deletions to the originally created document.
3-3 (b) The court may use electronic means to:
3-4 (1) produce a document required by law to be written;
3-5 or
3-6 (2) record an instrument, paper, or notice that is
3-7 permitted or required by law to be recorded or filed.
3-8 (c) The court shall maintain original documents as provided
3-9 by law.
3-10 (d) A record created by electronic means is an original
3-11 record or a certification of the original record.
3-12 (e) A printed copy of an optical image of the original
3-13 record printed from an optical disk system is an accurate copy of
3-14 the original record.
3-15 (f) A justice or municipal court may create a court seal if
3-16 required by law by electronic means, including optical imaging,
3-17 optical disk, or other electronic reproduction technique that does
3-18 not permit additions, changes, or deletions to an original document
3-19 created by the same type of system.
3-20 SECTION 6. Article 45.18, Code of Criminal Procedure, is
3-21 redesignated as Article 45.014 and amended to read as follows:
3-22 Art. 45.014 [45.18]. WARRANT OF ARREST [SHALL ISSUE]. (a)
3-23 When a sworn complaint based on probable cause has been filed
3-24 before the justice or municipal court [the requirements of the
3-25 preceding Article have been complied with], the justice or judge
3-26 may [shall] issue a warrant for the arrest of the accused and
3-27 deliver the same to the proper officer to be executed.
4-1 (b) The warrant is sufficient if:
4-2 (1) it is issued in the name of "The State of Texas";
4-3 (2) it is directed to the proper sheriff, constable,
4-4 or some other person specifically named in the warrant;
4-5 (3) it includes a command that the body of the accused
4-6 be taken, and brought before the authority issuing the warrant, at
4-7 the time and place stated in the warrant;
4-8 (4) it states the name of the person whose arrest is
4-9 ordered, if known, or if not known, it describes the person as in
4-10 the complaint;
4-11 (5) it states that the person is accused of some
4-12 offense against the laws of this state, naming the offense; and
4-13 (6) it is signed by the justice or judge, naming the
4-14 office of the justice or judge in the body of the warrant or in
4-15 connection with the signature of the justice or judge.
4-16 (c) Chapter 15 applies to a warrant of arrest issued under
4-17 this article, except as inconsistent or in conflict with this
4-18 chapter.
4-19 SECTION 7. Article 45.43, Code of Criminal Procedure, is
4-20 redesignated as Article 45.015 and amended to read as follows:
4-21 Art. 45.015 [45.43]. DEFENDANT PLACED IN JAIL. Whenever, by
4-22 the provisions of this title, the peace officer is authorized to
4-23 retain a defendant in custody, the peace officer [he] may place the
4-24 defendant [him] in jail in accordance with this code [or any other
4-25 place where he can be safely kept].
4-26 SECTION 8. Article 45.41, Code of Criminal Procedure, is
4-27 redesignated as Article 45.016 and amended to read as follows:
5-1 Art. 45.016 [45.41]. [DEFENDANT TO GIVE] BAIL. The [In case
5-2 of adjournment, the] justice or judge may [shall] require the
5-3 defendant to give bail for the defendant's [his] appearance in
5-4 accordance with this code. If the defendant [he] fails to give
5-5 bail, the defendant [he] may be held in custody.
5-6 SECTION 9. Article 45.13, Code of Criminal Procedure, is
5-7 redesignated as Article 45.017 and amended to read as follows:
5-8 Art. 45.017 [45.13]. CRIMINAL DOCKET. (a) The justice or
5-9 judge of each court, or the clerk of the court, [Each justice of
5-10 the peace and each municipal court judge] shall keep a docket
5-11 containing the following information [in which he shall enter the
5-12 proceedings in each trial had before him, which docket shall show]:
5-13 (1) the [1. The] style and file number of each
5-14 criminal [the] action;
5-15 (2) the [2. The] nature of the offense charged;
5-16 (3) the plea offered by the defendant and the date the
5-17 plea was entered;
5-18 (4) the [3. The] date the warrant, if any, was issued
5-19 and the return made thereon;
5-20 (5) the date [4. The time when] the examination or
5-21 trial was held [had], and if a trial was held, whether it was by a
5-22 jury or by the justice or judge [himself];
5-23 (6) the [5. The] verdict of the jury, if any, and the
5-24 date of the verdict;
5-25 (7) the [6. The] judgment and sentence of the court,
5-26 and the date each was given;
5-27 (8) the motion [7. Motion] for new trial, if any, and
6-1 the decision thereon; and
6-2 (9) whether [8. If] an appeal was taken and the date
6-3 of that action[; and]
6-4 [9. The time when, and the manner in which, the judgment and
6-5 sentence was enforced].
6-6 (b) The information in the docket may be processed and
6-7 stored by the use of electronic data processing equipment, at the
6-8 discretion of the justice of the peace or the municipal court
6-9 judge.
6-10 SECTION 10. Subchapter B, Chapter 45, Code of Criminal
6-11 Procedure, as designated by this Act, is amended by adding Article
6-12 45.018 to read as follows:
6-13 Art. 45.018. COMPLAINT. (a) For purposes of this chapter,
6-14 a complaint is a sworn allegation charging the accused with the
6-15 commission of an offense.
6-16 (b) A defendant is entitled to notice of a complaint against
6-17 the defendant not later than the day before the date of any
6-18 proceeding in the prosecution of the defendant under the complaint.
6-19 SECTION 11. Article 45.17, Code of Criminal Procedure, is
6-20 redesignated as Article 45.019 and amended to read as follows:
6-21 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
6-22 STATE]. (a) A [Such] complaint is sufficient, without regard to
6-23 its form, if it substantially satisfies the following requisites
6-24 [shall state]:
6-25 (1) it must be in writing;
6-26 (2) it must commence "In the name and by the authority
6-27 of the State of Texas";
7-1 (3) it must state the [1. The] name of the accused,
7-2 if known, or [and] if unknown, must include a reasonably definite
7-3 description of the accused [shall describe him as accurately as
7-4 practicable];
7-5 (4) it must show that the accused has committed an
7-6 offense under the law of this state, or state that the affiant has
7-7 good reason to believe and does believe that the accused has
7-8 committed an offense under the law of this state [2. The offense
7-9 with which he is charged, in plain and intelligible words];
7-10 (5) it must state the time and date the offense was
7-11 committed as definitely as the affiant is able to provide;
7-12 (6) it must bear the signature or mark of the affiant;
7-13 and
7-14 (7) it must conclude with the words "Against the peace
7-15 and dignity of the State" and, if the offense charged is an offense
7-16 only under a municipal ordinance, it may also conclude with the
7-17 words "Contrary to the said ordinance" or words to that effect.
7-18 (b) A complaint filed in justice court must allege that
7-19 [3. That] the offense was committed in the county in which the
7-20 complaint is made[; and]
7-21 [4. It must show, from the date of the offense stated
7-22 therein, that the offense is not barred by limitation].
7-23 (c) A complaint filed in municipal court must allege that
7-24 the offense was committed in the territorial limits of the
7-25 municipality in which the complaint is made.
7-26 (d) A complaint may be sworn to before any officer
7-27 authorized to administer oaths.
8-1 (e) A complaint in municipal court may be sworn to before:
8-2 (1) the municipal judge;
8-3 (2) the clerk of the court or a deputy clerk;
8-4 (3) the city secretary; or
8-5 (4) the city attorney or a deputy city attorney.
8-6 SECTION 12. Article 45.37, Code of Criminal Procedure, is
8-7 redesignated as Article 45.020 and amended to read as follows:
8-8 Art. 45.020 [45.37]. APPEARANCE [MAY APPEAR] BY COUNSEL.
8-9 (a) The defendant has a right to appear by counsel as in all other
8-10 cases.
8-11 (b) Not more than one counsel shall conduct either the
8-12 prosecution or defense. State's counsel may open and conclude the
8-13 argument.
8-14 SECTION 13. Article 45.33, Code of Criminal Procedure, is
8-15 redesignated as Article 45.021 and amended to read as follows:
8-16 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
8-17 pleading of the defendant in justice or municipal court may be oral
8-18 or in writing as the defendant may elect. [The justice shall note
8-19 upon his docket the plea offered.]
8-20 SECTION 14. Subchapter B, Chapter 45, Code of Criminal
8-21 Procedure, as designated by this Act, is amended by adding Article
8-22 45.0215 to read as follows:
8-23 Art. 45.0215. PRESENCE OF PARENT OR GUARDIAN. (a) Except
8-24 as otherwise provided by law, a person younger than 17 years of age
8-25 may not be convicted in a justice or municipal court unless the
8-26 person's parent or legal guardian is present in court.
8-27 (b) If the court is unable to locate or compel the presence
9-1 of a parent or legal guardian after diligent effort, the court may
9-2 waive the requirement that a parent or legal guardian be present as
9-3 required by Subsection (a).
9-4 SECTION 15. Article 45.34, Code of Criminal Procedure, is
9-5 redesignated as Article 45.022 and amended to read as follows:
9-6 Art. 45.022 [45.34]. PLEA OF GUILTY OR NOLO CONTENDERE.
9-7 Proof as to the offense may be heard upon a plea of guilty or [and]
9-8 a plea of nolo contendere and the punishment assessed by the court
9-9 or jury.
9-10 SECTION 16. Article 45.31, Code of Criminal Procedure, is
9-11 redesignated as Article 45.023 and amended to read as follows:
9-12 Art. 45.023 [45.31]. DEFENDANT'S PLEA [DEFENDANT SHALL
9-13 PLEAD]. After the jury is impaneled, or after the defendant has
9-14 waived trial by jury, the defendant may:
9-15 (1) plead guilty or not guilty;
9-16 (2) [or may] enter a plea of nolo contendere;[,] or
9-17 (3) enter the special plea of double jeopardy as
9-18 described by Article 27.05 [named in the succeeding Article].
9-19 SECTION 17. Article 45.35, Code of Criminal Procedure, is
9-20 redesignated as Article 45.024 and amended to read as follows:
9-21 Art. 45.024 [45.35]. DEFENDANT'S REFUSAL [IF DEFENDANT
9-22 REFUSES] TO PLEAD. The justice or judge shall enter a plea of not
9-23 guilty if the defendant refuses to plead.
9-24 SECTION 18. Article 45.24, Code of Criminal Procedure, is
9-25 redesignated as Article 45.025 and amended to read as follows:
9-26 Art. 45.025 [45.24]. DEFENDANT MAY WAIVE JURY. The accused
9-27 may waive a trial by jury orally or in writing. If the defendant
10-1 waives a trial by jury[; and in such case], the justice or judge
10-2 shall hear and determine the cause without a jury.
10-3 SECTION 19. Article 45.251, Code of Criminal Procedure, is
10-4 redesignated as Article 45.026 and amended to read as follows:
10-5 Art. 45.026 [45.251]. DEMAND FOR JURY TRIAL [IN JUSTICE
10-6 COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR. (a) A justice or
10-7 municipal court may order a party who demands a jury trial in a
10-8 justice or municipal court and who fails to appear for the trial to
10-9 pay the costs incurred for impaneling the jury.
10-10 (b) The justice or municipal court may release a party from
10-11 the obligation to pay costs under this section for good cause.
10-12 (c) An order issued by a justice or municipal court under
10-13 this section may be enforced by contempt as prescribed by Section
10-14 21.002(c), Government Code.
10-15 SECTION 20. Article 45.25, Code of Criminal Procedure, is
10-16 redesignated as Article 45.027 and amended to read as follows:
10-17 Art. 45.027 [45.25]. JURY SUMMONED. (a) If the accused
10-18 does not waive a trial by jury, the justice or judge shall issue a
10-19 writ commanding the proper officer to summon [forthwith] a venire
10-20 from which six qualified persons shall be selected to serve as
10-21 jurors in the case.
10-22 (b) The [Said] jurors when so summoned shall remain in
10-23 attendance as jurors in all cases that may come up for hearing
10-24 until discharged by the court.
10-25 (c) Any person so summoned who fails to attend may be fined
10-26 an amount not to exceed [exceeding] $100 for contempt.
10-27 SECTION 21. Article 45.29, Code of Criminal Procedure, is
11-1 redesignated as Article 45.028 and amended to read as follows:
11-2 Art. 45.028 [45.29]. OTHER JURORS SUMMONED. If, from
11-3 challenges or any other cause, a sufficient number of jurors are
11-4 not in attendance, the justice or judge shall order the proper
11-5 officer to summon a sufficient number of qualified persons to form
11-6 the jury.
11-7 SECTION 22. Article 45.28, Code of Criminal Procedure, is
11-8 redesignated as Article 45.029 and amended to read as follows:
11-9 Art. 45.029 [45.28]. PEREMPTORY CHALLENGES [CHALLENGE OF
11-10 JURORS]. In all jury trials in a [the] justice or municipal court,
11-11 the state [State] and each defendant in the case is [shall be]
11-12 entitled to three peremptory challenges[, and also to any number of
11-13 challenges for cause, which cause shall be judged of by the
11-14 justice].
11-15 SECTION 23. Article 45.30, Code of Criminal Procedure, is
11-16 redesignated as Article 45.030 and amended to read as follows:
11-17 Art. 45.030 [45.30]. FORMATION OF [OATH TO] JURY. The
11-18 justice or judge shall form the jury and administer the appropriate
11-19 [following] oath in accordance with Chapter 35 [to the jury: "Each
11-20 of you do solemnly swear that you will well and truly try the cause
11-21 about to be submitted to you and a true verdict render therein,
11-22 according to the law and the evidence, so help you God"].
11-23 SECTION 24. Article 45.36, Code of Criminal Procedure, is
11-24 redesignated as Article 45.031 and amended to read as follows:
11-25 Art. 45.031 [45.36]. COUNSEL FOR STATE NOT PRESENT
11-26 [WITNESSES EXAMINED BY WHOM]. If [The justice shall examine the
11-27 witnesses if] the state [State] is not represented by counsel when
12-1 the case is called for trial, the justice or judge may:
12-2 (1) postpone the trial to a date certain;
12-3 (2) appoint an attorney pro tem as provided by this
12-4 code to represent the state; or
12-5 (3) proceed to trial, in which event the justice or
12-6 judge may examine the witnesses.
12-7 SECTION 25. Article 45.031, Code of Criminal Procedure, is
12-8 redesignated as Article 45.032 and amended to read as follows:
12-9 Art. 45.032 [45.031]. DIRECTED VERDICT. If, upon the trial
12-10 of a case in a justice or municipal [corporation] court, [there is
12-11 a material variance between the allegations in the complaint and
12-12 the proof offered by the state, or] the state fails [has failed] to
12-13 prove a prima facie case of the offense alleged in the complaint,
12-14 the defendant is entitled to a directed verdict of "not guilty."
12-15 [guilty" as in any other criminal case.]
12-16 SECTION 26. Article 45.39, Code of Criminal Procedure, is
12-17 redesignated as Article 45.034 to read as follows:
12-18 Art. 45.034 [45.39]. JURY KEPT TOGETHER. The jury shall
12-19 retire in charge of an officer when the cause is submitted to them,
12-20 and be kept together until they agree to a verdict or are
12-21 discharged.
12-22 SECTION 27. Article 45.40, Code of Criminal Procedure, is
12-23 redesignated as Article 45.035 and amended to read as follows:
12-24 Art. 45.035 [45.40]. MISTRIAL. A jury shall be discharged
12-25 if it fails to agree to a verdict after being kept together a
12-26 reasonable time. If a jury is discharged because it fails to agree
12-27 to a verdict, [there be time left on the same day, another jury may
13-1 be impaneled to try the cause, or] the justice or judge may
13-2 [adjourn for not more than 30 days and again] impanel another [a]
13-3 jury as soon as practicable to try such cause.
13-4 SECTION 28. Article 45.42, Code of Criminal Procedure, is
13-5 redesignated as Article 45.036 and amended to read as follows:
13-6 Art. 45.036 [45.42]. VERDICT. (a) When the jury has agreed
13-7 on [upon] a verdict, the jury [it] shall bring the verdict [same]
13-8 into court.
13-9 (b) The [; and the] justice or judge shall see that the
13-10 verdict [it] is in proper form and shall [enter it upon his docket
13-11 and] render the proper judgment and sentence on the verdict
13-12 [thereon].
13-13 SECTION 29. Article 45.45, Code of Criminal Procedure, is
13-14 redesignated as Article 45.037 and amended to read as follows:
13-15 Art. 45.037 [45.45]. MOTION FOR NEW TRIAL. (a) A motion
13-16 [An application] for a new trial must be made within one day after
13-17 the rendition of judgment and sentence, and not afterward.
13-18 (b) The [; and the] execution of the judgment and sentence
13-19 may [shall] not be stayed until a new trial has been granted.
13-20 SECTION 30. Article 45.44, Code of Criminal Procedure, is
13-21 redesignated as Article 45.038 and amended to read as follows:
13-22 Art. 45.038 [45.44]. NEW TRIAL GRANTED. A justice or judge
13-23 may, for good cause shown, grant the defendant a new trial,
13-24 whenever the justice or judge [he] considers that justice has not
13-25 been done the defendant in the trial of the [such] case.
13-26 SECTION 31. Article 45.46, Code of Criminal Procedure, is
13-27 redesignated as Article 45.039 and amended to read as follows:
14-1 Art. 45.039 [45.46]. ONLY ONE NEW TRIAL GRANTED. Not more
14-2 than one new trial shall be granted the defendant in the same case.
14-3 When a new trial has been granted, the justice or judge shall
14-4 proceed, as soon as practicable, to try the case again.
14-5 SECTION 32. Article 45.47, Code of Criminal Procedure, is
14-6 redesignated as Article 45.040 and amended to read as follows:
14-7 Art. 45.040 [45.47]. STATE NOT ENTITLED TO NEW TRIAL. In no
14-8 case shall the state [State] be entitled to a new trial.
14-9 SECTION 33. Article 45.50, Code of Criminal Procedure, is
14-10 redesignated as Article 45.041 and amended to read as follows:
14-11 Art. 45.041 [45.50]. [THE] JUDGMENT. (a) The judgment and
14-12 sentence, in case of conviction in a criminal action before a
14-13 justice of the peace or municipal court judge, shall be that the
14-14 defendant pay the amount of the fine and costs to the state.
14-15 (b) The justice or judge may direct the defendant:
14-16 (1) to pay:
14-17 (A) the entire fine and costs when sentence is
14-18 pronounced; [or]
14-19 (B) [(2) to pay] the entire fine and costs at
14-20 some later date; or
14-21 (C) [(3) to pay] a specified portion of the fine
14-22 and costs at designated intervals;
14-23 (2) if applicable, to make restitution to any victim
14-24 of the offense in accordance with Article 42.037; and
14-25 (3) to satisfy any other sanction authorized by law.
14-26 (c) The justice or judge shall credit the defendant for time
14-27 served in jail as provided by Article 42.03. The credit shall be
15-1 applied to the amount of the fine and costs at the rate provided by
15-2 Article 45.048.
15-3 (d) All judgments, sentences, and final orders of the
15-4 justice or judge shall be rendered in open court.
15-5 SECTION 34. Article 45.10, Code of Criminal Procedure, is
15-6 redesignated as Article 45.042 and amended to read as follows:
15-7 Art. 45.042 [45.10]. APPEAL. (a) Appeals from a justice or
15-8 municipal court, including appeals from final judgments in bond
15-9 forfeiture proceedings, shall be heard by the county court except
15-10 in cases where the county court has no jurisdiction, in which
15-11 counties such appeals shall be heard by the proper court.
15-12 (b) Unless the appeal is taken from a municipal court of
15-13 record and the appeal is based on error reflected in the record,
15-14 the trial shall be de novo [in the proper court. Said appeals
15-15 shall be governed by the rules of practice and procedure for
15-16 appeals from justice courts to the county court, as far as
15-17 applicable].
15-18 (c) In an appeal from the judgment and sentence of a justice
15-19 or municipal court, if the defendant is in custody, the defendant
15-20 is to be committed to jail unless the defendant gives bail.
15-21 SECTION 35. Subchapter B, Chapter 45, Code of Criminal
15-22 Procedure, as designated by this Act, is amended by adding Article
15-23 45.0425 to read as follows:
15-24 Art. 45.0425. APPEAL BOND. (a) If the court from whose
15-25 judgment and sentence the appeal is taken is in session, the court
15-26 must approve the bail. The amount of a bail bond may not be less
15-27 than two times the amount of the fine and costs adjudged against
16-1 the defendant, payable to the State of Texas. The bail may not in
16-2 any case be for a sum less than $50. If the appeal bond otherwise
16-3 meets the requirements of this code, the court without requiring a
16-4 court appearance by the defendant shall approve the appeal bond in
16-5 the amount the court under Article 27.14(b) notified the defendant
16-6 would be approved.
16-7 (b) An appeal bond shall recite that in the cause the
16-8 defendant was convicted and has appealed, and be conditioned that
16-9 the defendant shall make the defendant's personal appearance before
16-10 the court to which the appeal is taken instanter, if the court is
16-11 in session, or, if the court is not in session, at its next regular
16-12 term, stating the time and place of that session, and there remain
16-13 from day to day and term to term, and answer in the cause in the
16-14 court.
16-15 SECTION 36. Article 44.14, Code of Criminal Procedure, is
16-16 redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code
16-17 of Criminal Procedure, as designated by this Act, and amended to
16-18 read as follows:
16-19 Art. 45.0426 [44.14]. FILING BOND PERFECTS APPEAL. (a) In
16-20 appeals from justice and municipal courts, when the appeal bond
16-21 provided for in [the preceding] Article 45.0425 has been filed with
16-22 the justice or judge who tried the case not later than the 10th day
16-23 after the date the judgment was entered, the appeal in such case
16-24 shall be held to be perfected.
16-25 (b) If an appeal bond is not timely filed, the appellate
16-26 [appeal] court does not have jurisdiction over the case and shall
16-27 remand the case to the justice or municipal court for execution of
17-1 the sentence.
17-2 (c) An [No] appeal may not [shall] be dismissed because the
17-3 defendant failed to give notice of appeal in open court. An appeal
17-4 by the defendant or the state may not be dismissed on account of
17-5 any defect in the transcript.
17-6 SECTION 37. Article 45.48, Code of Criminal Procedure, is
17-7 redesignated as Article 45.043 and amended to read as follows:
17-8 Art. 45.043 [45.48]. EFFECT OF APPEAL. When a defendant
17-9 files the appeal bond required by law with the justice or municipal
17-10 court, all further proceedings [proceeding] in the case in the
17-11 justice or municipal court shall cease.
17-12 SECTION 38. Article 45.231, Code of Criminal Procedure, is
17-13 redesignated as Article 45.044 and amended to read as follows:
17-14 Art. 45.044 [45.231]. FORFEITURE OF BOND IN SATISFACTION OF
17-15 FINE. (a) A justice or judge may enter a judgment of conviction
17-16 and forfeit a cash bond posted by the defendant in satisfaction of
17-17 the defendant's fine and cost if the defendant:
17-18 (1) has entered a written and signed plea of nolo
17-19 contendere and a waiver of jury trial; and
17-20 (2) fails to appear according to the terms of the
17-21 defendant's release.
17-22 (b) A justice or judge who enters a judgment of conviction
17-23 and forfeiture under Subsection (a) of this article shall
17-24 immediately notify the defendant in writing, by regular mail
17-25 addressed to the defendant at the defendant's last known address,
17-26 that:
17-27 (1) a judgment of conviction and forfeiture of bond
18-1 was entered against the defendant on a date certain and the
18-2 forfeiture satisfies the defendant's fine and costs in the case;
18-3 and
18-4 (2) the defendant has a right to a new trial in the
18-5 case if the defendant applies for the new trial not later than the
18-6 10th day after the date of judgment and forfeiture.
18-7 (c) Notwithstanding Article 45.037 [45.45] of this code, the
18-8 defendant may file a motion [apply] for a new trial within the
18-9 period provided by Subsection (b) of this article, and the court
18-10 shall grant the motion [application] if the motion [application] is
18-11 made within that [the] period. On the new trial, the court shall
18-12 permit the defendant to withdraw the previously entered plea of
18-13 nolo contendere and waiver of jury trial.
18-14 SECTION 39. Article 45.51, Code of Criminal Procedure, is
18-15 redesignated as Article 45.045 and amended to read as follows:
18-16 Art. 45.045 [45.51]. CAPIAS. (a) If the defendant is not
18-17 in custody when the judgment is rendered, the court may order a
18-18 capias issued for the defendant's [his] arrest. The capias shall
18-19 state the amount of the judgment and sentence, and command the
18-20 appropriate peace officer [sheriff] to bring the defendant before
18-21 the court or place the defendant [him] in jail until the defendant
18-22 [he] can be brought before the court.
18-23 (b) If the defendant escapes from custody after judgment is
18-24 rendered, a capias shall issue for the defendant's [his] arrest and
18-25 confinement until the defendant [he] is legally discharged.
18-26 SECTION 40. Article 45.52, Code of Criminal Procedure, is
18-27 redesignated as Article 45.046 and amended to read as follows:
19-1 Art. 45.046 [45.52]. CAPIAS PRO FINE [COLLECTION OF FINES].
19-2 (a) When a judgment and sentence have been rendered against a
19-3 defendant who is able to pay the [for a] fine and costs and the
19-4 defendant [he] defaults in payment, the justice or judge may order
19-5 the defendant [him] imprisoned in jail as provided by Article 43.03
19-6 until discharged by law.
19-7 (b) A certified copy of the judgment, sentence, and order is
19-8 sufficient to authorize such imprisonment.
19-9 [(b) The justice may order the fine and costs collected by
19-10 execution against the defendant's property in the same manner as a
19-11 judgment in a civil suit.]
19-12 SECTION 41. Subchapter B, Chapter 45, Code of Criminal
19-13 Procedure, as designated by this Act, is amended by adding Article
19-14 45.047 to read as follows:
19-15 Art. 45.047. COLLECTION OF FINES AFTER JUDGMENT. If after a
19-16 judgment is entered the defendant defaults in payment of a fine,
19-17 the justice or judge may order the fine and costs collected by
19-18 execution against the defendant's property in the same manner as a
19-19 judgment in a civil suit.
19-20 SECTION 42. Article 45.53, Code of Criminal Procedure, is
19-21 redesignated as Article 45.048 and amended to read as follows:
19-22 Art. 45.048 [45.53]. DISCHARGED FROM JAIL. A defendant
19-23 placed in jail on account of failure to pay the fine and costs
19-24 shall [can] be discharged on habeas corpus by showing that the
19-25 defendant:
19-26 (1) [1. That he] is too poor to pay the fine and
19-27 costs; or [and]
20-1 (2) [2. That he] has remained in jail a sufficient
20-2 length of time to satisfy the fine and costs, at the rate of not
20-3 less than $50 [$15] for each day or part of a day of jail time
20-4 served.
20-5 SECTION 43. Articles 45.521 and 45.522, Code of Criminal
20-6 Procedure, are redesignated as Articles 45.049 and 45.050 to read
20-7 as follows:
20-8 Art. 45.049 [45.521]. COMMUNITY SERVICE IN SATISFACTION OF
20-9 FINE OR COSTS. (a) A justice or judge may require a defendant who
20-10 fails to pay a previously assessed fine or costs, or who is
20-11 determined by the court to have insufficient resources or income to
20-12 pay a fine or costs, to discharge all or part of the fine or costs
20-13 by performing community service. A defendant may discharge an
20-14 obligation to perform community service under this article by
20-15 paying at any time the fine and costs assessed.
20-16 (b) In the justice's or judge's order requiring a defendant
20-17 to participate in community service work under this article, the
20-18 justice or judge must specify:
20-19 (1) the number of hours the defendant is required to
20-20 work;
20-21 (2) the entity or organization for which the defendant
20-22 is required to work; and
20-23 (3) the project on which the defendant is required to
20-24 work.
20-25 (c) The justice or judge may order the defendant to perform
20-26 community service work under this article only for a governmental
20-27 entity or a nonprofit organization that provides services to the
21-1 general public that enhance social welfare and the general
21-2 well-being of the community. A governmental entity or nonprofit
21-3 organization that accepts a defendant under this article to perform
21-4 community service must agree to supervise the defendant in the
21-5 performance of the defendant's work and report on the defendant's
21-6 work to the justice or judge who ordered the community service.
21-7 (d) A justice or judge may not order a defendant to perform
21-8 more than 16 hours per week of community service under this article
21-9 unless the justice or judge determines that requiring the defendant
21-10 to work additional hours does not work a hardship on the defendant
21-11 or the defendant's dependents.
21-12 (e) A defendant is considered to have discharged $50 of
21-13 fines or costs for each eight hours of community service performed
21-14 under this article.
21-15 (f) A sheriff, employee of a sheriff's department, county
21-16 commissioner, county employee, county judge, justice of the peace,
21-17 municipal court judge, or officer or employee of a political
21-18 subdivision other than a county is not liable for damages arising
21-19 from an act or failure to act in connection with manual labor
21-20 performed by a defendant under this article if the act or failure
21-21 to act:
21-22 (1) was performed pursuant to court order; and
21-23 (2) was not intentional, wilfully or wantonly
21-24 negligent, or performed with conscious indifference or reckless
21-25 disregard for the safety of others.
21-26 Art. 45.050 [45.522]. FAILURE TO PAY FINE; CONTEMPT:
21-27 JUVENILES. (a) A justice court or municipal court may not order
22-1 the confinement of a person who is a child for the purposes of
22-2 Title 3, Family Code, for the failure to pay all or any part of a
22-3 fine or costs imposed for the conviction of an offense punishable
22-4 by fine only.
22-5 (b) Section 51.03(a)(3), Family Code, and the procedures for
22-6 the adjudication of a child for delinquent conduct apply to a child
22-7 who fails to obey an order of a justice or municipal court under
22-8 circumstances that would constitute contempt of court.
22-9 SECTION 44. Article 45.54, Code of Criminal Procedure, is
22-10 redesignated as Article 45.051 and amended to read as follows:
22-11 Art. 45.051 [45.54]. SUSPENSION OF SENTENCE AND DEFERRAL OF
22-12 FINAL DISPOSITION. (a) [(1)] On a plea of guilty or nolo
22-13 contendere by a defendant or on a finding of guilt in a misdemeanor
22-14 case punishable by fine only and payment of all court costs, the
22-15 justice or judge may defer further proceedings without entering an
22-16 adjudication of guilt and place the defendant on probation for a
22-17 period not to exceed 180 days. This article does not apply to:
22-18 (1) a misdemeanor case disposed of under Subchapter B,
22-19 Chapter 543, Transportation Code; [by Section 143A, Uniform Act
22-20 Regulating Traffic on Highways (Article 6701d, Vernon's Texas
22-21 Civil Statutes),] or
22-22 (2) a serious traffic violation as defined by Section
22-23 522.003, Transportation Code [in Section 3(26), Texas Commercial
22-24 Driver's License Act (Article 6687b-2, Revised Statutes)].
22-25 (b) [(2)] During the deferral period, the justice or judge
22-26 shall require the defendant to successfully complete a Texas
22-27 [Central] Education Agency-approved driving safety course, if the
23-1 offense alleged is an offense involving the operation of a motor
23-2 vehicle, other than a commercial motor vehicle, as defined by
23-3 Section 522.003, Transportation Code [in Subdivision (6), Section
23-4 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised
23-5 Statutes)], and the defendant:
23-6 (1) [(A)] has completed an approved driving safety
23-7 course within the preceding 12 months; or
23-8 (2) [(B)] is a first-time offender who elects deferred
23-9 adjudication.
23-10 (c) [(3)] During the [said] deferral period, the justice or
23-11 judge may require the defendant to:
23-12 (1) [(a)] post a bond in the amount of the fine
23-13 assessed to secure payment of the fine;
23-14 (2) [(b)] pay restitution to the victim of the offense
23-15 in an amount not to exceed the fine assessed;
23-16 (3) [(c)] submit to professional counseling;
23-17 (4) [(d)] comply with any other reasonable condition;
23-18 and
23-19 (5) [(e) require the defendant to] successfully
23-20 complete a Texas [Central] Education Agency approved driving safety
23-21 course, if:
23-22 (A) [(1)] the offense alleged is an offense
23-23 involving the operation of a motor vehicle, other than a commercial
23-24 motor vehicle, as defined by Section 522.003, Transportation Code
23-25 [in Subdivision (6), Section 3, Texas Commercial Driver's License
23-26 Act (Article 6687b-2, Revised Statutes)]; and
23-27 (B) [(2)] the defendant has not completed an
24-1 approved driving safety course within the preceding 12 months.
24-2 (d) [(4)] At the conclusion of the deferral period, if the
24-3 defendant presents satisfactory evidence that the defendant [he]
24-4 has complied with the requirements imposed, the justice or judge
24-5 shall dismiss the complaint, and it shall be clearly noted in the
24-6 docket that the complaint is dismissed and that there is not a
24-7 final conviction. Otherwise, the justice or judge may proceed with
24-8 an adjudication of guilt without notice or a hearing. After an
24-9 adjudication of guilt, the justice or judge may reduce the fine
24-10 assessed or may then impose the fine assessed, less any portion of
24-11 the assessed fine that has been paid. If the complaint is
24-12 dismissed, a special expense not to exceed the amount of the fine
24-13 assessed may be imposed.
24-14 (e) [(5)] If at the conclusion of the deferral period the
24-15 defendant does not present satisfactory evidence that the defendant
24-16 complied with the requirements imposed, the justice or judge may
24-17 impose the fine assessed or impose a lesser fine. The imposition
24-18 of the fine or lesser fine constitutes a final conviction of the
24-19 defendant.
24-20 (f) [(6)] Records relating to a complaint dismissed as
24-21 provided by this article may be expunged under Article 55.01 of
24-22 this code. If a complaint is dismissed under this article, there
24-23 is not a final conviction and the complaint may not be used against
24-24 the person for any purpose.
24-25 SECTION 45. Article 45.55, Code of Criminal Procedure, as
24-26 amended by Chapters 598 and 748, Acts of the 74th Legislature,
24-27 Regular Session, 1995, is redesignated as Article 45.052 and
25-1 amended to read as follows:
25-2 Art. 45.052 [45.55]. DISMISSAL OF MISDEMEANOR CHARGE ON
25-3 COMPLETION OF TEEN COURT PROGRAM. (a) A justice or municipal
25-4 court may defer proceedings against a defendant who is under the
25-5 age of 18 or enrolled full time in an accredited secondary school
25-6 in a program leading toward a high school diploma for 90 days if
25-7 the defendant:
25-8 (1) is charged with a misdemeanor punishable by fine
25-9 only or a violation of a penal ordinance of a political
25-10 subdivision, including a traffic offense punishable by fine only;
25-11 (2) pleads nolo contendere or guilty to the offense in
25-12 open court with the defendant's parent, guardian, or managing
25-13 conservator present;
25-14 (3) presents to the court an oral or written request
25-15 to attend a teen court program; and
25-16 (4) has not successfully completed a teen court
25-17 program in the two years preceding the date that the alleged
25-18 offense occurred.
25-19 (b) The teen court program must be approved by the court.
25-20 (c) The justice or municipal court shall dismiss the charge
25-21 at the conclusion of the deferral period if the defendant presents
25-22 satisfactory evidence that the defendant has successfully completed
25-23 the teen court program.
25-24 (d) A charge dismissed under this article may not be part of
25-25 the defendant's criminal record or driving record or used for any
25-26 purpose. However, if the charge was for a traffic offense, the
25-27 court shall report to the Department of Public Safety that the
26-1 defendant successfully completed the teen court program and the
26-2 date of completion for inclusion in the defendant's driving record.
26-3 (e) The justice or municipal court may require a person who
26-4 requests a teen court program to pay a fee not to exceed $10 that
26-5 is set by the court to cover the costs of administering this
26-6 article. Fees collected by a municipal court shall be deposited in
26-7 the municipal treasury. Fees collected by a justice court shall be
26-8 deposited in the county treasury of the county in which the court
26-9 is located. A person who requests a teen court program and fails
26-10 to complete the program is not entitled to a refund of the fee.
26-11 (f) A court may transfer a case in which proceedings have
26-12 been deferred under this section to a court in a contiguous county
26-13 if the court to which the case is transferred consents. A case may
26-14 not be transferred unless it is within the jurisdiction of the
26-15 court to which it is transferred.
26-16 (g) In addition to the fee authorized by Subsection (e) of
26-17 this article, the court may require a child who requests a teen
26-18 court program to pay a $10 fee to cover the cost to the teen court
26-19 for performing its duties under this article. The court shall pay
26-20 the fee to the teen court program, and the teen court program must
26-21 account to the court for the receipt and disbursal of the fee. A
26-22 child who pays a fee under this subsection is not entitled to a
26-23 refund of the fee, regardless of whether the child successfully
26-24 completes the teen court program.
26-25 (h) [(g)] A justice or municipal court may exempt a
26-26 defendant for whom proceedings are deferred under this article from
26-27 the requirement to pay a court cost or fee that is imposed by
27-1 another statute.
27-2 SECTION 46. Article 45.56, Code of Criminal Procedure, is
27-3 redesignated as Article 45.053 to read as follows:
27-4 Art. 45.053 [45.56]. DISMISSAL OF MISDEMEANOR CHARGE ON
27-5 COMMITMENT OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of
27-6 guilty or nolo contendere by a defendant or on a finding of guilt
27-7 in a misdemeanor case punishable by a fine only, a justice or
27-8 municipal court may defer further proceedings for 90 days without
27-9 entering an adjudication of guilt if:
27-10 (1) the court finds that the offense resulted from or
27-11 was related to the defendant's chemical dependency; and
27-12 (2) an application for court-ordered treatment of the
27-13 defendant is filed in accordance with Chapter 462, Health and
27-14 Safety Code.
27-15 (b) At the end of the deferral period, the justice or
27-16 municipal court shall dismiss the charge if satisfactory evidence
27-17 is presented that the defendant was committed for and completed
27-18 court-ordered treatment in accordance with Chapter 462, Health and
27-19 Safety Code, and it shall be clearly noted in the docket that the
27-20 complaint is dismissed and that there is not a final conviction.
27-21 (c) If at the conclusion of the deferral period satisfactory
27-22 evidence that the defendant was committed for and completed
27-23 court-ordered treatment in accordance with Chapter 462, Health and
27-24 Safety Code, is not presented, the justice or municipal court may
27-25 impose the fine assessed or impose a lesser fine. The imposition
27-26 of a fine constitutes a final conviction of the defendant.
27-27 (d) Records relating to a complaint dismissed under this
28-1 article may be expunged under Article 55.01 of this code. If a
28-2 complaint is dismissed under this article, there is not a final
28-3 conviction and the complaint may not be used against the person for
28-4 any purpose.
28-5 SECTION 47. Articles 45.101, 45.102, and 45.103, as
28-6 redesignated by this Act, are designated as Subchapter C of Chapter
28-7 45, Code of Criminal Procedure, and a heading is added to that
28-8 subchapter to read as follows:
28-9 SUBCHAPTER C. PROCEDURES IN JUSTICE COURT
28-10 SECTION 48. Articles 45.21 and 45.22, Code of Criminal
28-11 Procedure, are redesignated as Articles 45.101 and 45.102 and
28-12 amended to read as follows:
28-13 Art. 45.101 [45.21]. OFFENSES COMMITTED IN ANOTHER COUNTY.
28-14 Whenever complaint is made before any justice of the peace that a
28-15 felony has been committed in any other than a county in which the
28-16 complaint is made, the [such] justice shall issue a [his] warrant
28-17 for the arrest of the accused, directed as in other cases,
28-18 commanding that the accused be arrested and taken before any
28-19 magistrate of the county where such felony is alleged to have been
28-20 committed, forthwith, for examination as in other cases.
28-21 Art. 45.102 [45.22]. OFFENSES IN COUNTIES WITH POPULATION OF
28-22 LESS THAN 2,000,000 AND OVER 225,000; VENUE; [FEE OF CONSTABLE;]
28-23 PENALTIES. (a) A person may not [Sec. 1. No person shall ever]
28-24 be tried in any justice precinct court unless the offense with
28-25 which the person is [he was] charged was committed in that [such]
28-26 precinct. Provided, however, should there be no duly qualified
28-27 justice precinct court in the precinct where the [such] offense was
29-1 committed, then the defendant shall be tried in the justice
29-2 precinct next adjacent which may have a duly qualified justice
29-3 court. And provided further, that if the justice of the peace of
29-4 the precinct in which the offense was committed is disqualified for
29-5 any reason for trying the case, then the [such] defendant may be
29-6 tried in some other justice precinct within the county.
29-7 (b) [Sec. 2. No constable shall be allowed a fee in any
29-8 misdemeanor case arising in any precinct other than the one for
29-9 which he has been elected or appointed, except through an order
29-10 duly entered upon the minutes of the county commissioners court.]
29-11 [Sec. 3.] Any justice of the peace, constable, or deputy
29-12 constable violating this article [Act] shall be punished by a fine
29-13 of not less than $100 nor more than $500.
29-14 (c) This article applies [Sec. 4. The provisions of this
29-15 Article shall apply] only to a county [counties] having a
29-16 population of less than 2,000,000 and more than [over] 225,000
29-17 [according to the last preceding federal census].
29-18 SECTION 49. Article 45.15, Code of Criminal Procedure, is
29-19 redesignated as Article 45.103 and amended to read as follows:
29-20 Art. 45.103 [45.15]. WARRANT WITHOUT COMPLAINT. If
29-21 [Whenever] a criminal offense that [which] a justice of the peace
29-22 has jurisdiction to try is [shall be] committed within the view of
29-23 the [such] justice, the justice [he] may issue a [his] warrant for
29-24 the arrest of the offender.
29-25 SECTION 50. Articles 45.201 through 45.204, as redesignated
29-26 or added by this Act, are designated as Subchapter D of Chapter 45,
29-27 Code of Criminal Procedure, and a heading is added to that
30-1 subchapter to read as follows:
30-2 SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT
30-3 SECTION 51. Article 45.03, Code of Criminal Procedure, is
30-4 redesignated as Article 45.201 and amended to read as follows:
30-5 Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All
30-6 prosecutions in a municipal court shall be conducted by the city
30-7 attorney of the municipality [such city, town or village,] or by a
30-8 [his] deputy city attorney.
30-9 (b) The county attorney of the county in which the
30-10 municipality [said city, town or village] is situated may, if the
30-11 county attorney [he] so desires, also represent the state [State]
30-12 in such prosecutions. In such cases, the [said] county attorney is
30-13 [shall not be] entitled to receive any fees or other compensation
30-14 [whatever] for those [said] services. [The county attorney shall
30-15 have no power to dismiss any prosecution pending in said court
30-16 unless for reasons filed and approved by the judge.]
30-17 (c) With the consent of the county attorney, appeals from
30-18 municipal court to a county court, county court at law, or any
30-19 appellate court may be prosecuted by the city attorney or a [his]
30-20 deputy city attorney.
30-21 (d) It is the primary duty of a municipal prosecutor not to
30-22 convict, but to see that justice is done.
30-23 SECTION 52. Article 45.04, Code of Criminal Procedure, is
30-24 redesignated as Article 45.202 and amended to read as follows:
30-25 Art. 45.202 [45.04]. SERVICE OF PROCESS. (a) [Sec. 1.] All
30-26 process issuing out of a municipal [corporation] court may be
30-27 served and shall be served when directed by the court, by a peace
31-1 officer [policeman] or marshal of the municipality [city, town or
31-2 village] within which it is situated, under the same rules as are
31-3 provided by law for the service by sheriffs and constables of
31-4 process issuing out of the justice court, so far as applicable.
31-5 (b) [Sec. 2.] The peace officer [policeman] or marshal may
31-6 serve all process issuing out of a municipal [corporation] court
31-7 anywhere in the county in which the municipality [city, town or
31-8 village] is situated. If the municipality [city, town or village]
31-9 is situated in more than one county, the peace officer [policeman]
31-10 or marshal may serve the process throughout those counties.
31-11 [Sec. 3. A defendant is entitled to at least one day's
31-12 notice of any complaint against him, if such time is demanded.]
31-13 SECTION 53. Subchapter D, Chapter 45, Code of Criminal
31-14 Procedure, as designated by this Act, is amended by adding Section
31-15 45.203 to read as follows:
31-16 Art. 45.203. JURY CHARGE. The judge shall charge the jury
31-17 when requested in writing by:
31-18 (1) the attorney representing the state; or
31-19 (2) the defendant or the defendant's attorney.
31-20 SECTION 54. Article 45.06, Code of Criminal Procedure, is
31-21 redesignated as Article 45.204 and amended to read as follows:
31-22 Art. 45.204 [45.06]. COLLECTION OF FINES, COSTS, AND SPECIAL
31-23 EXPENSES. (a) The governing body of each municipality
31-24 [incorporated city, town or village] shall by ordinance prescribe
31-25 [such] rules, not inconsistent with any law of this State, as may
31-26 be proper to enforce the collection of fines imposed by a municipal
31-27 court. In addition to any other method of enforcement, the
32-1 municipality may enforce the collection of fines by:
32-2 (1) [, by] execution against the property of the
32-3 defendant;[,] or
32-4 (2) imprisonment of the defendant.
32-5 (b) The governing body of a municipality may [, the
32-6 collection of all fines imposed by such court, and shall also have
32-7 power to] adopt such rules and regulations, not inconsistent with
32-8 any law of this State, concerning the practice and procedure in the
32-9 municipal [such] court as the [said] governing body may consider
32-10 [deem] proper[, not inconsistent with any law of this State].
32-11 (c) The governing body of each municipality may prescribe by
32-12 ordinance the collection, after due notice, of [All such fines;] a
32-13 special expense, not to exceed $25 for the issuance and service of
32-14 a warrant of arrest for an offense under Section 38.10, Penal Code,
32-15 or Section 543.009, Transportation Code. Money collected from the
32-16 special expense [under Section 149, Uniform Act Regulating Traffic
32-17 on Highways (Article 6701d, Vernon's Texas Civil Statutes); and
32-18 the special expenses described in Article 17.04 dealing with the
32-19 requisites of a personal bond and a special expense for the
32-20 issuance and service of a warrant of arrest, after due notice, not
32-21 to exceed $25,] shall be paid into the municipal [city] treasury
32-22 for the use and benefit of the municipality [city, town or
32-23 village]. [The governing body of each incorporated city, town or
32-24 village may by ordinance authorize a municipal court to collect a
32-25 special expense for services performed in cases in which the laws
32-26 of this State require that the case be dismissed because of actions
32-27 by or on behalf of the defendant which were subsequent to the date
33-1 of the alleged offense. Such actions are limited to compliance
33-2 with the provisions of Subsection (a), Section 143A, Uniform Act
33-3 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
33-4 Statutes). Such special expense shall not exceed the actual
33-5 expenses incurred for the services or $10, whichever is less.]
33-6 (d) Costs may not be imposed or collected in criminal cases
33-7 in municipal court by municipal ordinance.
33-8 SECTION 55. Article 42.111, Code of Criminal Procedure, is
33-9 amended to read as follows:
33-10 Art. 42.111. Deferral of proceedings in cases appealed to
33-11 county court. If a defendant convicted of a misdemeanor punishable
33-12 by fine only appeals the conviction to a county court, on the trial
33-13 in county court the defendant may enter a plea of guilty or nolo
33-14 contendere to the offense. If the defendant enters a plea of
33-15 guilty or nolo contendere, the court may defer further proceedings
33-16 without entering an adjudication of guilt in the same manner as
33-17 provided for the deferral of proceedings in justice court or
33-18 municipal court under Article 45.051 [45.54] of this code. This
33-19 article does not apply to a misdemeanor case disposed of under
33-20 Subchapter B, Chapter 543, Transportation Code [by Section 143A,
33-21 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
33-22 Texas Civil Statutes)], or a serious traffic violation as defined
33-23 by Section 522.003, Transportation Code [in Section 3(26), Texas
33-24 Commercial Driver's License Act (Article 6687b-2, Revised
33-25 Statutes)].
33-26 SECTION 56. Articles 102.002(b) and (c), Code of Criminal
33-27 Procedure, are amended to read as follows:
34-1 (b) The justices of the peace and clerks of district and
34-2 county courts, [and] county courts at law, and municipal courts
34-3 shall keep a book and record in the book:
34-4 (1) the number and style of each criminal action
34-5 before the court;
34-6 (2) the name of each witness subpoenaed, attached, or
34-7 recognized to testify in the action; and
34-8 (3) whether the witness was a witness for the state or
34-9 for the defendant.
34-10 (c) Except as otherwise provided by this subsection, a
34-11 defendant is liable on conviction for the fees provided by this
34-12 article for witnesses in the defendant's case. If a defendant
34-13 convicted of a misdemeanor does not pay his fines and costs, the
34-14 county or municipality, as appropriate, is liable for the fees
34-15 provided by this article for witnesses in the defendant's case.
34-16 SECTION 57. Article 102.004, Code of Criminal Procedure, is
34-17 amended to read as follows:
34-18 Art. 102.004. JURY FEE. (a) A defendant convicted by a jury
34-19 in a trial before a justice or municipal court shall pay a jury fee
34-20 of $3. A defendant in a justice or municipal court who requests a
34-21 trial by jury and who withdraws the request not earlier than 24
34-22 hours before the time of trial shall pay a jury fee of $3, if the
34-23 defendant is convicted of the offense or final disposition of the
34-24 defendant's case is deferred. A defendant convicted by a jury in
34-25 a county court, a county court at law, or a district court shall
34-26 pay a jury fee of $20.
34-27 (b) If two or more defendants are tried jointly in a justice
35-1 or municipal court, only one jury fee of $3 may be imposed under
35-2 this article. If the defendants sever and are tried separately,
35-3 each defendant convicted shall pay a jury fee.
35-4 SECTION 58. Article 45.11, Code of Criminal Procedure, is
35-5 redesignated as Article 44.281, Code of Criminal Procedure,
35-6 transferred to Chapter 44 of that code, and amended to read as
35-7 follows:
35-8 Art. 44.281 [45.11]. DISPOSITION OF FINES AND COSTS WHEN
35-9 MISDEMEANOR AFFIRMED [FEES]. In misdemeanor cases affirmed on
35-10 appeal from a municipal court, the [The] fine imposed on appeal
35-11 and the costs imposed on appeal shall be collected from [of] the
35-12 defendant, and the [such] fine of the municipal [corporation] court
35-13 when collected shall be paid into the municipal treasury.
35-14 SECTION 59. Section 30.1650(b), Government Code, is amended
35-15 to read as follows:
35-16 (b) Complaints must comply with Article 45.019 [45.17], Code
35-17 of Criminal Procedure.
35-18 SECTION 60. Section 30.530(b), Government Code, is amended
35-19 to read as follows:
35-20 (b) Complaints must comply with Article 45.019 [45.17], Code
35-21 of Criminal Procedure.
35-22 SECTION 61. Section 30.861(b), Government Code, is amended
35-23 to read as follows:
35-24 (b) Complaints must comply with Article 45.019 [45.17], Code
35-25 of Criminal Procedure.
35-26 SECTION 62. Section 30.991(b), Government Code, is amended
35-27 to read as follows:
36-1 (b) Complaints must comply with Article 45.019 [45.17], Code
36-2 of Criminal Procedure.
36-3 SECTION 63. Section 406.014(d), Government Code, is amended
36-4 to read as follows:
36-5 (d) A notary public who administers an oath pursuant to
36-6 Article 45.019 [45.01], Code of Criminal Procedure, is exempt from
36-7 the requirement in Subsection (a) of recording that oath.
36-8 SECTION 64. Section 542.402(b), Transportation Code, is
36-9 amended to conform to Section 1, Chapter 30 (H.B. No. 839), Acts of
36-10 the 74th Legislature, Regular Session, 1995, and to Section 1,
36-11 Chapter 992 (S.B. No. 20), Acts of the 74th Legislature, Regular
36-12 Session, 1995, to read as follows:
36-13 (b) In each fiscal year, a municipality having a population
36-14 of less than 5,000 may retain, from fines collected for violations
36-15 of highway laws in this subtitle and from special expenses
36-16 collected under Article 45.051, Code of Criminal Procedure, in
36-17 cases in which a violation of this subtitle is alleged, an amount
36-18 equal to 30 percent of the municipality's revenue for the preceding
36-19 fiscal year from all sources, other than federal funds and bond
36-20 proceeds, as shown by the audit performed under Section 103.001,
36-21 Local Government Code. After a municipality has retained that
36-22 amount, the municipality shall send to the comptroller [state
36-23 treasurer] any portion of a fine or a special expense collected
36-24 that exceeds $1.
36-25 SECTION 65. Section 543.204(a), Transportation Code, is
36-26 amended to read as follows:
36-27 (a) A justice of the peace or municipal judge who defers
37-1 further proceedings, suspends all or part of the imposition of the
37-2 fine, and places a defendant on probation under Article 45.051
37-3 [45.54], Code of Criminal Procedure, or a county court judge who
37-4 follows that procedure under Article 42.111, Code of Criminal
37-5 Procedure, may not submit a written record to the department,
37-6 except that if the justice or judge subsequently adjudicates the
37-7 defendant's guilt, the justice or judge shall submit the record not
37-8 later than the 30th day after the date on which the justice or
37-9 judge adjudicates guilt.
37-10 SECTION 66. Section 1(1), Article 6687d, Revised Statutes,
37-11 is amended to read as follows:
37-12 (1) "Complaint" means a notice of an offense as
37-13 described by Article 27.14(d) or 45.019 [45.01], Code of Criminal
37-14 Procedure.
37-15 SECTION 67. Articles 44.13, 45.01, 45.02, 45.05, 45.07,
37-16 45.08, 45.09, 45.12, 45.16, 45.19, 45.23, 45.26, 45.27, 45.32, and
37-17 45.49, Code of Criminal Procedure, are repealed.
37-18 SECTION 68. (a) In addition to the substantive changes in
37-19 law made by this Act, this Act conforms Section 542.402(b),
37-20 Transportation Code, to changes in law made by Section 1, Chapter
37-21 30 (H.B. No. 839), Acts of the 74th Legislature, Regular Session,
37-22 1995.
37-23 (b) Section 1, Chapter 30, Acts of the 74th Legislature,
37-24 Regular Session, 1995, is repealed.
37-25 (c) To the extent of any conflict, this Act prevails over
37-26 another Act of the 75th Legislature, Regular Session, 1997,
37-27 relating to nonsubstantive additions to and corrections in enacted
38-1 codes.
38-2 SECTION 69. This Act takes effect September 1, 1997.
38-3 SECTION 70. (a) The changes in law made by this Act apply
38-4 to every act, proceeding, or event covered by a law amended by this
38-5 Act that occurs on or after the effective date of this Act, without
38-6 regard to whether the offense to which the act, proceeding, or
38-7 event applies occurred before, on, or after the effective date of
38-8 this Act, except as provided by Subsection (b) of this section.
38-9 (b) In a proceeding related to the prosecution of an offense
38-10 that occurs or is alleged to have occurred before the effective
38-11 date of this Act, the accused may elect to have the proceeding
38-12 governed by any provision of Chapter 45, Code of Criminal
38-13 Procedure, as that provision would have applied to the offense in
38-14 the absence of the changes made by this Act, and that prior law is
38-15 continued in effect for that purpose.
38-16 SECTION 71. The importance of this legislation and the
38-17 crowded condition of the calendars in both houses create an
38-18 emergency and an imperative public necessity that the
38-19 constitutional rule requiring bills to be read on three several
38-20 days in each house be suspended, and this rule is hereby suspended.