SRC-JBJ S.B. 1230 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1230
76R7084 GWK-FBy: Ellis
Jurisprudence
3/19/1999
As Filed


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 proposed, 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 the heading to Chapter 45, Code of Criminal Procedure,
as follows: 

CHAPTER 45.  New heading:  JUSTICE AND MUNICIPAL COURTS

SECTION 2.  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. 

SECTION 3.  Amends Chapter 45, Code of Criminal Procedure, to redesignate
Articles 45.011-45.043, Code of Criminal Procedure, under the following
heading: 

SUBCHAPTER B.  PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS

SECTION 4.  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 5.  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 to be created by electronic
means.  Authorizes a justice or municipal court to create a court seal by
electronic means that does not permit a change to an original document, if
required by law. 

SECTION 6.  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 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 7.  Amends Article 45.43, Code of Criminal Procedure, to
redesignate Article 45.43 as 45.015.  Authorizes a peace officer to apply
this code to a defendant.  Deletes a condition of arrest as a place where
the defendant can safely be kept.  Makes nonsubstantive changes. 

SECTION 8.  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 apply this section to the defendant.  Makes
nonsubstantive changes. 

SECTION 9.  Amends Article 45.13, Code of Criminal Procedure, to
redesignate Article 45.13 as 45.017, and require the justice, judge, or
clerk, 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 10.  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 11.  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.  Makes conforming changes. 

SECTION 12.  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 13.  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 14.  Amends Article 45.331, Code of Criminal Procedure, to
redesignate Article 45.331 as Article 45.0215, and to make conforming and
nonsubstantive changes.   

SECTION 15.  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 16.  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 17.  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 18.  Amends Article 45.24, Code of Criminal Procedure, to
redesignate Article 45.24 as Article 45.025, and to make conforming
changes. 

SECTION 19.  Amends Article 45.251, Code of Criminal Procedure, to
redesignate Article 45.251 as Article 45.026, as follows: 

 Art. 45.026.  New heading:  DEMAND FOR JURY TRIAL; FAILURE TO APPEAR.  

SECTION 20.  Amends Article 45.25, Code of Criminal Procedure, to
redesignate Article 45.25 as Article 45.027, and to make nonsubstantive
changes. 

SECTION 21.  Amends Article 45.29, Code of Criminal Procedure, to
redesignate Article 45.29 as Article 45.028, and to make a conforming
change. 

SECTION 22.  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 23.  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 24.  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 25.  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 26.  Amends Article 45.39, Code of Criminal Procedure, to
redesignate Article 45.39 as Article 45.034. 
 
SECTION 27.  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 28.  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 29.  Amends Article 45.45, Code of Criminal Procedure, to
redesignate Article 45.45 as Article 45.037, and to make conforming and
nonsubstantive changes. 

SECTION 30.  Amends Article 45.44, Code of Criminal Procedure, to
redesignate Article 45.44 as Article 45.038, and to make nonsubstantive and
conforming changes. 

SECTION 31.  Amends Article 45.46, Code of Criminal Procedure, to
redesignate Article 45.46 as Article 45.039, and to make a conforming
change. 

SECTION 32.  Amends Article 45.47, Code of Criminal Procedure, to
redesignate Article 45.47 as Article 45.040, and to make a nonsubstantive
change. 

SECTION 33.  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 the justice or judge to
direct the defendant to make restitution and to satisfy any other sanction.
Authorizes 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 34.  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 35.  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 36.  Amends Article 44.14, Code of Criminal Procedure, to
redesignate Article 44.14 as Article 45.0426, and to make nonsubstantive
changes. 

SECTION 37.  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 38.  Amends Article 45.231, Code of Criminal Procedure, to
redesignate Article 45.231 as Article 45.044, and to make conforming and
nonsubstantive changes. 

SECTION 39.  Amends Article 45.51, Code of Criminal Procedure, to
redesignate Article 45.51 as Article 45.045, and to make conforming and
nonsubstantive changes. 

SECTION 40.  Amends Article 45.52, Code of Criminal Procedure, to
redesignate Article 45.52 as Article 45.046, as follows: 

Art. 45.046.  New heading:  CAPIAS PRO FINE.  Deletes a provision that the
justice may order fines and costs to be collected in a certain manner. 

SECTION 41.  Amends Chapter 45B, Code of Criminal Procedure, by adding
Article 45.047, as follows: 
 
Art. 45.047.  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 42.  Amends Article 45.53, Code of Criminal Procedure, to
redesignate Article 45.53 as Article 45.048, and to make nonsubstantive and
conforming changes. 

SECTION 43.  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,
and to make conforming and nonsubstantive changes.   

SECTION 44.  Amends Article 45.54, Code of Criminal Procedure, to
redesignate Article 45.54 as Article 45.051, and to make standard
recodification changes, and conforming and nonsubstantive changes. 

SECTION 45.  Amends Article 45.55, Code of Criminal Procedure, to
redesignate Article 45.55 as Article 45.052. 

SECTION 46.  Amends Article 45.46, Code of Criminal Procedure, to
redesignate Article 45.46 as Article 45.053. 

SECTION 47.  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 48.  Amends Articles 45.21 and 45.22, Code of Criminal Procedure,
to redesignate Articles 45.21 and 45.22 as Articles 45.101 and 45.102, and
to delete the prohibition that a constable not allow misdemeanor fee from
arising in other precincts, except through certain orders.  Makes
conforming and nonsubstantive changes. 

SECTION 49.  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 50.  Amends Articles 45.201 and 45.204, Code of Criminal Procedure,
to redesignate Articles 45.201 and 45.204 as Chapter 45D, as follows: 

SUBCHAPTER D.  PROCEDURES IN MUNICIPAL COURT

SECTION 51.  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.  Makes conforming and nonsubstantive changes. 

SECTION 52.  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 53.  Amends Chapter 45D, Code of Criminal Procedure, by adding
Article 45.203, as follows: 

Art. 45.203.  JURY CHARGE.  Requires the judge to charge the jury as
required by law and on written request by the state's attorney and the
defendant's attorney. 

SECTION 54.  Amends Article 45.06, Code of Criminal Procedure, to
redesignate Article 45.06 as Article 45.204, as follows: 

Art. 45.204.  New heading:  COLLECTION OF FINES, COSTS, AND SPECIAL
EXPENSES.  Deletes text regarding the citation to certain acts.  Prohibits
costs from being imposed or collected in criminal cases in municipal court
by municipal ordinance.  Makes conforming and nonsubstantive changes.   

SECTION 55.  Amends Article 42.111, Code of Criminal Procedure, to make
conforming and  nonsubstantive changes.   

SECTION 56.  Amends Articles 102.002(b) and (c), Code of Criminal
Procedure, to require municipal courts to maintain a certain records. 

SECTION 57.  Amends Article 102.004, Code of Criminal Procedure, to make
conforming and nonsubstantive changes. 

SECTION 58.  Amends Article 45.11, Code of Criminal Procedure, to
redesignate Article 45.11 as Article 45.281, as follows: 

Art. 44.281.  New heading:  DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR
AFFIRMED.  Makes conforming and nonsubstantive changes.   

SECTION 59.  Amends Section 30.00430(b), Code of Criminal Procedure, to
make a conforming change. 

SECTION 60.  Amends Section 30.00940(b), Code of Criminal Procedure, to
make a conforming change. 

SECTION 61.  Amends Section 30.01101(b), Code of Criminal Procedure, to
make a conforming change. 

SECTION 62.  Amends Section 30.01221(b), Code of Criminal Procedure, to
make a conforming change. 

SECTION 63.  Amends Section 406.014(d), Code of Criminal Procedure, to make
a conforming change. 

SECTION 64.  Amends Section 542.402(b), Transportation Code, to make a
conforming change.   

SECTION 65.  Amends Section 543.204(a), Transportation Code, to make a
conforming change.   

SECTION 66.  Amends Section 706.001(1), Transportation Code, to redefine
"complaint." 

SECTION 67.  Repealers:  
 Article 44.13 (Appeals from justice and municipal courts); 
 Article 45.01 (Complaint);
 Article 45.02 (Seal);
 Article 45.05 (Commitment);
 Article 45.07 (Collection of costs);
 Article 45.08 (Jury fees);
 Article 45.09 (Officer's fees);
 Article 45.12 (Contempt and bail);
 Article 45.16 (Complaint shall be written);
 Article 45.19 (Requisites of warrant);
 Article 45.23 (To try cause without delay);
 Article 45.26 (Complaint read);
 Article 45.27 (Not discharged for informality);
 Article 45.32 (The only special plea); and
 Article 45.49 (Judgments in open court).

SECTION 68.Effective date: September 1, 1999.

SECTION 69.Makes application of this Act prospective.

SECTION 70.Emergency clause.