By Carter H.B. No. 2130
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disposition of out of county crimes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 4, Art. 4.12, Code of Criminal Procedure
1-5 is amended as follows:
1-6 Art. 4.12. Misdemeanor cases; precinct in which defendant to
1-7 be tried in justice court.
1-8 (a) A misdemeanor case to be tried in justice court shall be
1-9 tried in the precinct in which the offense was committed, or in
1-10 which the defendant or any of the defendants reside, or, with the
1-11 written consent of the State and each defendant or his attorney, in
1-12 any other precinct within the county; provided that in any
1-13 misdemeanor case in which the offense was committed in a precinct
1-14 where there is no qualified justice precinct court, then trial
1-15 shall be had in the next adjacent precinct in the same county which
1-16 may have a duly qualified justice precinct court, or in the
1-17 precinct in which the defendant may reside;
1-18 (b) provided that in any such misdemeanor case, when, [upon
1-19 disqualification] for any reason [of] all justices of the peace in
1-20 the precinct where the offense was committed, are disqualified such
1-21 case may be tried in the next adjoining precinct in the same
1-22 county, having a duly qualified justice of the peace.
1-23 (c) A defendant who is taken before a magistrate in
1-24 accordance with Article 15.18 may waive trial by jury and enter a
2-1 plea of "guilty" or "nolo contendere." The magistrate taking the
2-2 plea may set a fine, give credit for time served, determine
2-3 indigency, and discharge the defendant as the case may be.
2-4 SECTION 2. Chapter 15, Code of Criminal Procedure, Section
2-5 15.08 is amended as follows:
2-6 Art. 15.18. ARREST FOR OUT OF COUNTY OFFENSE.
2-7 [One] A person arrested under a warrant issued in a county
2-8 other than the one in which the person is arrested shall be taken
2-9 before a magistrate of the county where the arrest takes place who
2-10 shall
2-11 (a) take bail, if allowed by law, and immediately transmit
2-12 the bond taken to the court having jurisdiction of the offense or
2-13 (b) in the case of a person arrested under warrant for an
2-14 offense punishable by fine only accept a plea of "guilty" or "nolo
2-15 contender", set a fine, give credit for time served and determine
2-16 indigency as the case may indicate.
2-17 SECTION 3. This Act takes effect on September 1, 1999.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative necessity that the constitutional rule
2-21 requiring bills to be read on three several days in each house be
2-22 suspended, and this rule is suspended.