SRC-SLL, JBJ S.B. 1230 76(R)BILL ANALYSIS Senate Research CenterS.B. 1230 By: Ellis Jurisprudence 8/12/1999 Enrolled DIGEST In the fall of 1995, Governor George W. Bush appointed an ad hoc committee to revise the Code of Criminal Procedure. The committee attempted to streamline and modernize the code in a cooperative effort with the Texas Municipal Courts Education Center and the Texas Justice Court Training Center. The committee succeeded in streamlining Chapter 45, Code of Criminal Procedure. Currently, Chapter 45 consists of 60 sections, notwithstanding the general provisions found elsewhere in the code, which by definition, have specific applicability to justice and municipal court proceedings. Of the 60 sections, 12 sections make specific reference to municipal court proceedings and 10 sections make references to justice court proceedings. The remaining 38 sections are general with shared applicability to both courts. Presently, Chapter 45 does not group similar sections; instead, the sections are scattered. Grouping similar sections together would make referencing the chapter much easier for a person who must implement the chapter's provisions. Those implementing the provisions include approximately 1,200 municipal judges and 1,000 justices of the peace. One-third of the judges and 90 percent of the justices are non-law trained. Adding order and grouping of topics in Chapter 45 for these judicial officers would make their respective duties and responsibilities more clear. In streamlining Chapter 45, the committee removed archaic provisions, arranged the remaining provisions in a more logical order, and made amendments and technical corrections to conform Chapter 45 to certain judicial decisions. S.B. 1230 would clarify and arrange the existing provisions in Chapter 45, Code of Criminal Procedure, regarding procedures governing the prosecution and administration of misdemeanor offenses in the jurisdiction of the justice and municipal courts, in a more logical nature and conform Chapter 45 to certain judicial decisions. PURPOSE As enrolled, S.B. 1230 streamlines Chapter 45, Code of Criminal Procedure. 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 2.07, Code of Criminal Procedure, by adding Subsection (g), to authorize certain attorneys performing the duties of an attorney for the state to be paid a reasonable fee for performing those duties. SECTION 2. Amends Article 4.12, Code of Criminal Procedure, to require certain misdemeanor cases tried in a justice court to be in the precinct of the defendant, except as otherwise provided by this article. Authorizes the cases to be tried in certain other precincts, if each justice of the peace was disqualified for any reason, rather than if upon disqualification for any reason of all justices. Makes conforming and nonsubstantive changes. SECTION 3. Amends Article 43.09(k), Code of Criminal Procedure, to provide that a defendant is considered to have discharged $100, rather than $50, of fines or costs for each eight hours of community service performed. SECTION 4. Amends Article 44.181(a), Code of Criminal Procedure, to authorize certain courts to dismiss a case because of a defect in the complaint only if the defendant objected to the defect before the trial began in the justice or municipal court. SECTION 5. Amends the heading to Chapter 45, Code of Criminal Procedure, as follows: CHAPTER 45. New heading: JUSTICE AND MUNICIPAL COURTS SECTION 6. Amends Chapter 45, Code of Criminal Procedure, by adding a new Subchapter A, as follows: SUBCHAPTER A. GENERAL PROVISIONS Art. 45.001. OBJECTIVES OF CHAPTER. Establishes the purpose of this chapter. Sets forth the objectives of this chapter. Art. 45.002. APPLICATION OF CHAPTER. Requires criminal proceedings in the justice and municipal courts to be conducted in accordance with this chapter. Requires a judge to apply this code to achieve the objectives of this chapter when this chapter does not provide a rule of procedure governing an aspect of a case. Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. Provides that, for purposes of dismissing certain charges, "day" does not include Saturday, Sunday, or a legal holiday. SECTION 7. Amends Chapter 45, Code of Criminal Procedure, to redesignate Articles 45.01145.043, Code of Criminal Procedure, under the following heading: SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS SECTION 8. Amends Article 45.38, Code of Criminal Procedure, to redesignate Article 45.38 as Article 45.011, and to make conforming and nonsubstantive changes. SECTION 9. Amends Article 45.021, Code of Criminal Procedure, to redesignate Article 45.021 as Article 45.012. Authorizes a document maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer to be created by electronic means. Authorizes a court to use electronic means to maintain a docket. Provides that an electronically recorded judgment has the same force and effect as a written signed judgment. Requires a justice or municipal court to have a court seal, the impression of which must be attached to all papers issued out of the court except subpoenas, and which must be used to authenticate the official acts of the clerk and of the recorder. Authorizes a court seal to be created by electronic means that does not permit a change to an original document. SECTION 10. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.013, as follows: Art. 45.013. FILING WITH CLERK BY MAIL. Provides that, notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a court if certain conditions are met. Provides that a legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service. Defines "day." SECTION 11. Amends Article 45.18, Code of Criminal Procedure, to redesignate Article 45.18 as Article 45.014, as follows: Art. 45.014. New heading: WARRANT OF ARREST. Authorizes a justice or judge to issue a warrant for an arrest, when a sworn complaint or affidavit based on probate cause has been filed before the justice of municipal court. Sets forth conditions under which a warrant is sufficient. Deletes a requirement that the proceeding article must be complied with to issue a warrant. SECTION 12. Amends Article 45.43, Code of Criminal Procedure, to redesignate Article 45.43 as 45.015. Authorizes a peace officer to apply this code or other law to a defendant. Deletes a condition of arrest as a place where the defendant can safely be kept. Makes nonsubstantive changes. SECTION 13. Amends Article 45.41, Code of Criminal Procedure, to redesignate Article 45.41 as Article 45.016, as follows: Art. 45.016. New heading: BAIL. Authorizes a justice or judge, rather than only a justice, to require the defendant to give bail to secure appearance of the defendant. Makes conforming and nonsubstantive changes. SECTION 14. Amends Article 45.13, Code of Criminal Procedure, to redesignate Article 45.13 as 45.017, and require the justice, judge, or clerk, if directed by the justice or judge, to keep a docket containing certain information, rather than require each justice of the peace and each municipal court judge to keep the court docket. Makes nonsubstantive changes. SECTION 15. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.018, as follows: Art. 45.018. COMPLAINT. Provides that a complaint is a sworn allegation. Provides that a defendant is entitled to be notified of a complaint, but may waive that right. SECTION 16. Amends Article 45.17, Code of Criminal Procedure, to redesignate Article 45.17 as Article 45.019, as follows: Art. 45.019. New heading: REQUISITES OF COMPLAINT. Sets forth requirements for a complaint and conditions that make a complaint sufficient. Provides that, if the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Provides that nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. Makes conforming changes. SECTION 17. Amends Article 45.37, Code of Criminal Procedure, to redesignate Article 45.37 as Article 45.020, as follows: Art. 45.020. New heading: APPEARANCE BY COUNSEL. Makes conforming changes. SECTION 18. Amends Article 45.33, Code of Criminal Procedure, redesignated as Article 45.021, as follows: Art. 45.021. New heading: PLEADINGS. Adds a municipal court to courts where a defendant may make a pleading. Deletes the requirement that the justice note the plea on the docket. SECTION 19. Amends Article 45.331, Code of Criminal Procedure, to redesignate Article 45.331 as Article 45.0215, and to authorize certain pleas with the leave of the judge of the court of original jurisdiction. Makes conforming changes. SECTION 20. Amends Article 45.34, Code of Criminal Procedure, to redesignate Article 45.34 as Article 45.022, as follows: Art. 45.022. New heading: PLEA OF GUILTY OR NOLO CONTENDERE. Authorizes proof of a plea to be heard upon a plea of guilty or, rather than and, a plea of nolo contendere. SECTION 21. Amends Article 45.31, Code of Criminal Procedure, to redesignate Article 45.31 as 45.023, as follows: Art. 45.023. New heading: DEFENDANT'S PLEA. Makes conforming and nonsubstantive changes. SECTION 22. Amends Article 45.35, Code of Criminal Procedure, to redesignate Article 45.35 as Article 45.024, as follows: Art. 45.024. New heading: DEFENDANT'S REFUSAL TO PLEAD. Makes conforming changes. SECTION 23. Amends Article 45.24, Code of Criminal Procedure, to redesignate Article 45.24 as Article 45.025, and to make conforming changes. SECTION 24. Amends Article 45.251, Code of Criminal Procedure, to redesignate Article 45.251 as Article 45.026, as follows: Art. 45.026. New heading: JURY TRIAL; FAILURE TO APPEAR. Authorizes a justice or a municipal court to order a party who does not waive, rather than a party who demands, a jury trial to pay the costs incurred for impaneling the jury if the party fails to appear. SECTION 25. Amends Article 45.25, Code of Criminal Procedure, to redesignate Article 45.25 as Article 45.027, and to make nonsubstantive changes. SECTION 26. Amends Article 45.29, Code of Criminal Procedure, to redesignate Article 45.29 as Article 45.028, and to make a conforming change. SECTION 27. Amends Article 45.28, Code of Criminal Procedure, to redesignate Article 45.28 as Article 45.029, as follows: Art. 45.029. New heading: PEREMPTORY CHALLENGES. Makes conforming and nonsubstantive changes. SECTION 28. Amends Article 45.30, Code of Criminal Procedure, to redesignate Article 45.30 as Article 45.030, as follows: Art. 45.030. New heading: FORMATION OF JURY. Requires the justice or judge to administer to the jury the appropriate oath in accordance with Chapter 35, rather than a certain oath. SECTION 29. Amends Article 45.36, Code of Criminal Procedure, to redesignate Article 45.36 as Article 45.031, as follows: Art. 45.031. New heading: COUNSEL FOR STATE NOT PRESENT. Sets forth actions the justice or judge may take if the state is not represented by counsel. SECTION 30. Amends Article 45.031, Code of Criminal Procedure, to redesignate Article 45.031 as Article 45.032, and to make a nonsubstantive and conforming change. SECTION 31. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.033, as follows: Art. 45.033. JURY CHARGE. Requires the judge to charge the jury. Authorizes the charge to be made orally or in writing, except that the charge must be made in writing if required by law. SECTION 32. Amends Article 45.39, Code of Criminal Procedure, to redesignate Article 45.39 as Article 45.034, and to require a jury to retire until they agree to a verdict, are discharged, or the court recesses. SECTION 33. Amends Article 45.40, Code of Criminal Procedure, to redesignate Article 45.40 as Article 45.035, and to make conforming and nonsubstantive changes. SECTION 34. Amends Article 45.42, Code of Criminal Procedure, to redesignate Article 45.42 as Article 45.036, and to make conforming and nonsubstantive changes. SECTION 35. Amends Article 45.45, Code of Criminal Procedure, to redesignate Article 45.45 as Article 45.037, and to delete text regarding the execution of a judgment from being stayed until a new trial has been granted. Make conforming and nonsubstantive changes. SECTION 36. Amends Article 45.44, Code of Criminal Procedure, to redesignate Article 45.44 as Article 45.038, to authorize a judge to grant a new trial, not later than the 10th day after the date that the judgment is entered, and to make any later motions denied. Makes nonsubstantive and conforming changes. SECTION 37. Amends Article 45.46, Code of Criminal Procedure, to redesignate Article 45.46 as Article 45.039, and to make a conforming change. SECTION 38. Amends Article 45.47, Code of Criminal Procedure, to redesignate Article 45.47 as Article 45.040, and to make a nonsubstantive change. SECTION 39. Amends Article 45.50, Code of Criminal Procedure, to redesignate Article 45.50 as Article 45.041, as follows: Art. 45.041. New heading: JUDGMENT. Authorizes a justice or judge to direct the defendant to make restitution in an amount not to exceed $500 and to satisfy any other sanction. Requires the justice or judge to credit the defendant for time in jail as provided by Article 42.03. Requires the credit to be applied at a certain rate. Requires all judgments, sentences, and final orders to be rendered in open court. Makes conforming and nonsubstantive changes. SECTION 40. Amends Article 45.10, Code of Criminal Procedure, to redesignate Article 45.10 as Article 45.042. Requires the defendant in an appeal to be committed to jail unless the defendant gives bail. Deletes a requirement that the appeals be governed by the rules of practice and procedure for appeals. Makes conforming and nonsubstantive changes. SECTION 41. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.0425, as follows: Art. 45.0425. APPEAL BOND. Requires the court to approve bail in certain situations. Prohibits the amount of bail from being less than two times the amount of the fine and costs adjudged against the defendant, and not less than $50. Requires the court to approve the appeal bond without requiring the presence of the defendant. Requires the appeal bond to make the defendant's personal appearance before the court in certain situations. SECTION 42. Amends Article 44.14, Code of Criminal Procedure, to redesignate Article 44.14 as Article 45.0426, and to require an appeal to be perfected when the appeal bond has been filed. Makes conforming and nonsubstantive changes. SECTION 43. Amends Article 45.48, Code of Criminal Procedure, to redesignate Article 45.48 as Article 45.043, and to make conforming and nonsubstantive changes. SECTION 44. Amends Article 45.231, Code of Criminal Procedure, to redesignate Article 45.231 as Article 45.044, as follows: Art. 45.044. New heading: FORFEITURE OF CASH BOND IN SATISFACTION OF FINE. Makes conforming and nonsubstantive changes. SECTION 45. Amends Article 45.51, Code of Criminal Procedure, to redesignate Article 45.51 as Article 45.045, to add a new heading, as follows: Art. 45.045. New heading: CAPIAS PRO FINE. Authorize a court to order a capias pro fine if the defendant fails to satisfy the judgment according to its terms. Deletes text requiring a capias for an escaped defendant. Makes conforming and nonsubstantive changes. SECTION 46. Amends Article 45.52, Code of Criminal Procedure, to redesignate Article 45.52 as Article 45.046, as follows: Art. 45.046. New heading: COMMITMENT. Authorizes a judge, under certain conditions, to confine a defendant who defaults in the discharge of a judgment, rather than defaults in payment for a fine and costs. Deletes a provision that the justice may order fines and costs to be collected in a certain manner. SECTION 47. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.047, as follows: Art. 45.047. CIVIL COLLECTION OF FINES AFTER JUDGMENT. Authorizes a justice or judge to order the fine and costs collected in a certain manner if a defendant defaults in payment of a fine. SECTION 48. Amends Article 45.53, Code of Criminal Procedure, to redesignate Article 45.53 as Article 45.048, and to increase the rate of confinement to pay a fine to $100, rather than $15, per day. Makes nonsubstantive and conforming changes. SECTION 49. Amends Articles 45.521 and 45.522, Code of Criminal Procedure, to redesignate Articles 45.521 and 45.522 as Articles 45.049 and 45.050. Deletes criteria required in a judge's order to require a person to participate in community service. Sets forth jurisdiction for a justice or a municipal court regarding a child under Section 51.02, Family Code, who fails to obey an order. Makes conforming and nonsubstantive changes. SECTION 50. Amends Article 45.54, Code of Criminal Procedure, to redesignate Article 45.54 as Article 45.051, and to authorize a justice, during the deferral period, to require the defendant to submit to diagnostic testing for alcohol, controlled substances, or drugs, submit to a psychological assessment, participate in an alcohol or drug abuse treatment or education program, and pay certain costs, among other things. Deletes existing provisions regarding a misdemeanor case and driving safety courses. Makes conforming and nonsubstantive changes. SECTION 51. Amends Chapter 45B, Code of Criminal Procedure, by adding Article 45.0511, as follows: Art. 45.0511. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO TRAFFIC OFFENSES. Provides that this article applies to an alleged offense involving the operation of a motor vehicle. Sets forth actions to be taken by the justice during the deferral period. Provides that Subsection (b)(1) applies only under certain conditions. Sets forth provisions regarding a person who requests to take a driving safety course. Requires the court, if a person requesting a driving safety course fails to furnish evidence of the successful completion of the course, to take certain actions. Provides that a person who fails to appear at the time and place stated in the notice commits a misdemeanor punishable as provided by Section 543.009, Transportation Code. Authorizes the court, upon a showing of good cause, to allow an extension of the time during which the person may present a uniform certificate of course completion as evidence that the person completed the driving safety course. Sets forth actions to be taken by the court when a person complies with Subsection (b) and a uniform certificate of course completion is accepted by the court. Authorizes the court to dismiss only one charge for each completion of a course. Prohibits a charge that is dismissed under this article from being part of a person's driving record or used for any purpose. Prohibits an insurer from canceling or increasing the premium charged an insured under a motor vehicle insurance policy because the insured completed a driving safety course or had a charge dismissed under this Article. Requires the court to advise certain persons of their right under this article to successfully complete a driving safety course or a motorcycle operator training course. Provides that the right to complete a course does not apply to a person charged with certain violations. SECTION 52. Amends Article 45.55, Code of Criminal Procedure, to redesignate Article 45.55 as Article 45.052. SECTION 53. Amends Article 45.56, Code of Criminal Procedure, to redesignate Article 45.56 as Article 45.053. SECTION 54. Amends Articles 45.101, 45.102, and 45.103, Code of Criminal Procedure, to redesignate Articles 45.101, 45.102, and 45.103 as Chapter 45C, as follows: SUBCHAPTER C. PROCEDURES IN JUSTICE COURT SECTION 55. Amends Chapter 45C, Code of Criminal Procedure, by adding Article 45.101, as follows: Art. 45.101. JUSTICE COURT PROSECUTIONS. Requires all prosecutions in a justice court to be conducted by the county or district attorney or a deputy county or district attorney. Authorizes appeals from the justice court to be prosecuted by the attorneys, except as provided by law. SECTION 56. Amends Article 45.21, Code of Criminal Procedure, to redesignate Articles 45.21 as Article 45.102, as follows: Article 45.102. New heading: OFFENSES COMMITTED IN ANOTHER COUNTY. SECTION 57. Amends Article 45.15, Code of Criminal Procedure, to redesignate Article 45.15 as Article 45.103, and to make conforming and nonsubstantive changes. SECTION 58. Amends Articles 45.201 and 45.20, Code of Criminal Procedure, to redesignate Articles 45.201 and 45.204 as Chapter 45D, as follows: SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT SECTION 59. Amends Article 45.03, Code of Criminal Procedure, to redesignate Article 45.03 as Article 45.201, and provide that it is the primary duty of a municipal prosecutor not to convict, but to see that justice is done. Provides that in certain cases, the county attorney is not entitled to receive any fees or other compensation for certain services. Makes conforming and nonsubstantive changes. SECTION 60. Amends Article 45.04, Code of Criminal Procedure, to redesignate Article 45.04 as Article 45.202, and to make nonsubstantive and conforming changes. SECTION 61. Amends Article 45.06, Code of Criminal Procedure, to redesignate Article 45.06 as Article 45.203, as follows: Art. 45.203. New heading: COLLECTION OF FINES, COSTS, AND SPECIAL EXPENSES. Prohibits costs from being imposed or collected in criminal cases in municipal court by municipal ordinance. Deletes text regarding the citation to certain acts. Makes conforming and nonsubstantive changes. SECTION 62. Amends Article 42.111, Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 63. Amends Articles 102.002(b) and (c), Code of Criminal Procedure, to require municipal courts to maintain certain records. SECTION 64. Amends Article 102.004, Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 65. Amends Article 45.11, Code of Criminal Procedure, to redesignate Article 45.11 as Article 44.281, as follows: Art. 44.281. New heading: DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR AFFIRMED. Makes conforming and nonsubstantive changes. SECTION 66. Amends Section 52.027, Family Code, by adding Subsection (h) and adding Subsection (j), to make conforming and nonsubstantive changes. SECTION 67. Amends Section 30.00430(b), Code of Criminal Procedure, to make a conforming change. SECTION 68. Amends Section 30.00940(b), Code of Criminal Procedure, to make a conforming change. SECTION 69. Amends Section 30.01101(b), Code of Criminal Procedure, to make a conforming change. SECTION 70. Amends Section 30.01221(b), Code of Criminal Procedure, to make a conforming change. SECTION 71. Amends Section 406.014(d), Code of Criminal Procedure, to make a conforming change. SECTION 72. Amends Section 542.402(b), Transportation Code, to make a conforming change. SECTION 73. Amends Section 543.204(a), Transportation Code, to make a conforming change. SECTION 74. Amends Section 706.001(1), Transportation Code, to redefine "complaint." SECTION 75. (a) Repealers: Articles 44.13, 45.01, 45.02, 45.05, 45.07, 45.08, 45.09, 45.12, 45.16, 45.19, 45.22, 45.23, 45.26, 45.27, 45.32, and 45.49, Code of Criminal Procedure (Appeals from justice and municipal courts, Complaint, Seal, Commitment, Collection of costs, Jury fees, Officer's fees, Contempt and bail, Complaint shall be written, Requisites of warrant, Offenses in counties of less than 2,000,000 and over 225,000; venue; fee of constable; penalties, To try cause without delay, Complaint read, Not discharged for informality, The only special plea, and Judgments in open court). (b) Repealers: Sections 543.102 - 543.110, Transportation Code (Notice of right to complete course, Mandatory deferral, Permissive deferral, Timely request constitutes appearance, Fee for request, Failure to present evidence of course completion, Court procedures on successful course completion, Dismissal limited to one charge, and Use of information regarding dismissed charge or completed course). SECTION 76.Effective date: September 1, 1999. SECTION 77. Makes application of this Act prospective. Authorizes the accused, in a proceeding related to prosecution of an offense that occurs or is alleged to have occurred before the effective date of the Act, to elect to have the proceeding governed by any provision of Chapter 45, Code of Criminal Procedure, as that provision would have applied in the absence of the changes made by this Act. SECTION 78.Emergency clause.