By: Ellis S.B. No. 1230
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the procedures governing the prosecution and
1-2 administration of misdemeanor offenses in the jurisdiction of the
1-3 justice and municipal courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 2.07, Code of Criminal Procedure, is
1-6 amended by adding Subsection (g) to read as follows:
1-7 (g) An attorney appointed under Subsection (a) to perform
1-8 the duties of the office of an attorney for the state in a justice
1-9 or municipal court may be paid a reasonable fee for performing
1-10 those duties.
1-11 SECTION 2. Article 4.12, Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO
1-14 BE TRIED IN JUSTICE COURT. (a) Except as otherwise provided by
1-15 this article, a [A] misdemeanor case to be tried in justice court
1-16 shall be tried:
1-17 (1) in the precinct in which the offense was
1-18 committed;
1-19 (2) in the precinct[, or] in which the defendant or
1-20 any of the defendants reside; or
1-21 (3) [, or,] with the written consent of the state
1-22 [State] and each defendant or the defendant's [his] attorney, in
1-23 any other precinct within the county.
1-24 (b) In [; provided that in] any misdemeanor case in which
2-1 the offense was committed in a precinct where there is no qualified
2-2 justice [precinct] court, then trial shall be held:
2-3 (1) [had] in the next adjacent precinct in the same
2-4 county which has [may have] a duly qualified justice [precinct]
2-5 court; or
2-6 (2) [, or] in the precinct in which the defendant may
2-7 reside.
2-8 (c) In[; provided that in] any [such] misdemeanor case in
2-9 which each justice[, upon disqualification for any reason of all
2-10 justices] of the peace in the precinct where the offense was
2-11 committed is disqualified for any reason, such case may be tried in
2-12 the next adjoining precinct in the same county[,] having a duly
2-13 qualified justice of the peace.
2-14 SECTION 3. The heading to Chapter 45, Code of Criminal
2-15 Procedure, is amended to read as follows:
2-16 CHAPTER FORTY-FIVE. JUSTICE AND MUNICIPAL [CORPORATION] COURTS
2-17 SECTION 4. Chapter 45, Code of Criminal Procedure, is
2-18 amended by adding a new Subchapter A to read as follows:
2-19 SUBCHAPTER A. GENERAL PROVISIONS
2-20 Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this
2-21 chapter is to establish procedures for processing cases that come
2-22 within the criminal jurisdiction of the justice courts and
2-23 municipal courts. This chapter is intended and shall be construed
2-24 to achieve the following objectives:
2-25 (1) to provide fair notice to a person appearing in a
2-26 criminal proceeding before a justice or municipal court and a
3-1 meaningful opportunity for that person to be heard;
3-2 (2) to ensure appropriate dignity in court procedure
3-3 without undue formalism;
3-4 (3) to promote adherence to rules with sufficient
3-5 flexibility to serve the ends of justice; and
3-6 (4) to process cases without unnecessary expense or
3-7 delay.
3-8 Art. 45.002. APPLICATION OF CHAPTER. Criminal proceedings
3-9 in the justice and municipal courts shall be conducted in
3-10 accordance with this chapter, including any other rules of
3-11 procedure specifically made applicable to those proceedings by this
3-12 chapter. If this chapter does not provide a rule of procedure
3-13 governing any aspect of a case, the justice or judge shall apply
3-14 the other general provisions of this code to the extent necessary
3-15 to achieve the objectives of this chapter.
3-16 SECTION 5. The articles of Chapter 45, Code of Criminal
3-17 Procedure, added or redesignated by this Act as Articles 45.011
3-18 through 45.053, Code of Criminal Procedure, are designated as
3-19 Subchapter B of Chapter 45, Code of Criminal Procedure, and a
3-20 heading is added to that subchapter to read as follows:
3-21 SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS
3-22 SECTION 6. Article 45.38, Code of Criminal Procedure, is
3-23 redesignated as Article 45.011 and amended to read as follows:
3-24 Art. 45.011 [45.38]. RULES OF EVIDENCE. The rules of
3-25 evidence that [which] govern the trials of criminal actions in the
3-26 district court [shall] apply to a criminal proceeding [such
4-1 actions] in a justice or municipal court [courts].
4-2 SECTION 7. Article 45.021, Code of Criminal Procedure, is
4-3 redesignated as Article 45.012 and amended to read as follows:
4-4 Art. 45.012 [45.021]. ELECTRONICALLY CREATED RECORDS. (a)
4-5 Notwithstanding any other provision of law, a document that is
4-6 issued or maintained by a justice or municipal court may be created
4-7 by electronic means, including optical imaging, optical disk, or
4-8 other electronic reproduction technique that does not permit
4-9 changes, additions, or deletions to the originally created
4-10 document.
4-11 (b) The court may use electronic means to:
4-12 (1) produce a document required by law to be written;
4-13 [or]
4-14 (2) record an instrument, paper, or notice that is
4-15 permitted or required by law to be recorded or filed; or
4-16 (3) maintain a docket.
4-17 (c) The court shall maintain original documents as provided
4-18 by law.
4-19 (d) An electronically recorded judgment has the same force
4-20 and effect as a written signed judgment.
4-21 (e) A record created by electronic means is an original
4-22 record or a certification of the original record.
4-23 (f) [(e)] A printed copy of an optical image of the original
4-24 record printed from an optical disk system is an accurate copy of
4-25 the original record.
4-26 (g) A justice or municipal court may create a court seal if
5-1 required by law by electronic means, including optical imaging,
5-2 optical disk, or other electronic reproduction technique that does
5-3 not permit changes, additions, or deletions to an original document
5-4 created by the same type of system.
5-5 SECTION 8. Article 45.18, Code of Criminal Procedure, is
5-6 redesignated as Article 45.014 and amended to read as follows:
5-7 Art. 45.014 [45.18]. WARRANT OF ARREST [SHALL ISSUE].
5-8 (a) When a sworn complaint or affidavit based on probable cause
5-9 has been filed before the justice or municipal court [the
5-10 requirements of the preceding Article have been complied with], the
5-11 justice or judge may [shall] issue a warrant for the arrest of the
5-12 accused and deliver the same to the proper officer to be executed.
5-13 (b) The warrant is sufficient if:
5-14 (1) it is issued in the name of "The State of Texas";
5-15 (2) it is directed to the proper peace officer or some
5-16 other person specifically named in the warrant;
5-17 (3) it includes a command that the body of the accused
5-18 be taken, and brought before the authority issuing the warrant, at
5-19 the time and place stated in the warrant;
5-20 (4) it states the name of the person whose arrest is
5-21 ordered, if known, or if not known, it describes the person as in
5-22 the complaint;
5-23 (5) it states that the person is accused of some
5-24 offense against the laws of this state, naming the offense; and
5-25 (6) it is signed by the justice or judge, naming the
5-26 office of the justice or judge in the body of the warrant or in
6-1 connection with the signature of the justice or judge.
6-2 (c) Chapter 15 applies to a warrant of arrest issued under
6-3 this article, except as inconsistent or in conflict with this
6-4 chapter.
6-5 SECTION 9. Article 45.43, Code of Criminal Procedure, is
6-6 redesignated as Article 45.015 and amended to read as follows:
6-7 Art. 45.015 [45.43]. DEFENDANT PLACED IN JAIL. Whenever, by
6-8 the provisions of this title, the peace officer is authorized to
6-9 retain a defendant in custody, the peace officer [he] may place the
6-10 defendant [him] in jail in accordance with this code or other law
6-11 [or any other place where he can be safely kept].
6-12 SECTION 10. Article 45.41, Code of Criminal Procedure, is
6-13 redesignated as Article 45.016 and amended to read as follows:
6-14 Art. 45.016 [45.41]. [DEFENDANT TO GIVE] BAIL. The [In case
6-15 of adjournment, the] justice or judge may [shall] require the
6-16 defendant to give bail to secure the defendant's [for his]
6-17 appearance in accordance with this code. If the defendant [he]
6-18 fails to give bail, the defendant [he] may be held in custody.
6-19 SECTION 11. Article 45.13, Code of Criminal Procedure, is
6-20 redesignated as Article 45.017 and amended to read as follows:
6-21 Art. 45.017 [45.13]. CRIMINAL DOCKET. (a) The justice or
6-22 judge of each court, or, if directed by the justice or judge, the
6-23 clerk of the court, [Each justice of the peace and each municipal
6-24 court judge] shall keep a docket containing the following
6-25 information [in which he shall enter the proceedings in each trial
6-26 had before him, which docket shall show]:
7-1 (1) the [1. The] style and file number of each
7-2 criminal [the] action;
7-3 (2) the [2. The] nature of the offense charged;
7-4 (3) the plea offered by the defendant and the date the
7-5 plea was entered;
7-6 (4) the [3. The] date the warrant, if any, was issued
7-7 and the return made thereon;
7-8 (5) the date [4. The time when] the examination or
7-9 trial was held [had], and if a trial was held, whether it was by a
7-10 jury or by the justice or judge [himself];
7-11 (6) the [5. The] verdict of the jury, if any, and the
7-12 date of the verdict;
7-13 (7) the [6. The] judgment and sentence of the court,
7-14 and the date each was given;
7-15 (8) the motion [7. Motion] for new trial, if any, and
7-16 the decision thereon; and
7-17 (9) whether [8. If] an appeal was taken and the date
7-18 of that action[; and]
7-19 [9. The time when, and the manner in which, the judgment and
7-20 sentence was enforced].
7-21 (b) The information in the docket may be processed and
7-22 stored by the use of electronic data processing equipment, at the
7-23 discretion of the justice of the peace or the municipal court
7-24 judge.
7-25 SECTION 12. Subchapter B, Chapter 45, Code of Criminal
7-26 Procedure, as designated by this Act, is amended by adding Article
8-1 45.018 to read as follows:
8-2 Art. 45.018. COMPLAINT. (a) For purposes of this chapter,
8-3 a complaint is a sworn allegation charging the accused with the
8-4 commission of an offense.
8-5 (b) A defendant is entitled to notice of a complaint against
8-6 the defendant not later than the day before the date of any
8-7 proceeding in the prosecution of the defendant under the complaint.
8-8 The defendant may waive the right to notice granted by this
8-9 subsection.
8-10 SECTION 13. Article 45.17, Code of Criminal Procedure, is
8-11 redesignated as Article 45.019 and amended to read as follows:
8-12 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
8-13 STATE]. (a) A [Such] complaint is sufficient, without regard to
8-14 its form, if it substantially satisfies the following requisites
8-15 [shall state]:
8-16 (1) it must be in writing;
8-17 (2) it must commence "In the name and by the authority
8-18 of the State of Texas";
8-19 (3) it must state the [1. The] name of the accused,
8-20 if known, or [and] if unknown, must include a reasonably definite
8-21 description of the accused [shall describe him as accurately as
8-22 practicable];
8-23 (4) it must show that the accused has committed an
8-24 offense against the law of this state, or state that the affiant
8-25 has good reason to believe and does believe that the accused has
8-26 committed an offense against the law of this state [2. The offense
9-1 with which he is charged, in plain and intelligible words];
9-2 (5) it must state the time and date the offense was
9-3 committed as definitely as the affiant is able to provide;
9-4 (6) it must bear the signature or mark of the affiant;
9-5 and
9-6 (7) it must conclude with the words "Against the peace
9-7 and dignity of the State" and, if the offense charged is an offense
9-8 only under a municipal ordinance, it may also conclude with the
9-9 words "Contrary to the said ordinance".
9-10 (b) A complaint filed in justice court must allege that
9-11 [3. That] the offense was committed in the county in which the
9-12 complaint is made[; and]
9-13 [4. It must show, from the date of the offense stated
9-14 therein, that the offense is not barred by limitation].
9-15 (c) A complaint filed in municipal court must allege that
9-16 the offense was committed in the territorial limits of the
9-17 municipality in which the complaint is made.
9-18 (d) A complaint may be sworn to before any officer
9-19 authorized to administer oaths.
9-20 (e) A complaint in municipal court may be sworn to before:
9-21 (1) the municipal judge;
9-22 (2) the clerk of the court or a deputy clerk;
9-23 (3) the city secretary; or
9-24 (4) the city attorney or a deputy city attorney.
9-25 SECTION 14. Article 45.37, Code of Criminal Procedure, is
9-26 redesignated as Article 45.020 and amended to read as follows:
10-1 Art. 45.020 [45.37]. APPEARANCE [MAY APPEAR] BY COUNSEL.
10-2 (a) The defendant has a right to appear by counsel as in all other
10-3 cases.
10-4 (b) Not more than one counsel shall conduct either the
10-5 prosecution or defense. State's counsel may open and conclude the
10-6 argument.
10-7 SECTION 15. Article 45.33, Code of Criminal Procedure, is
10-8 redesignated as Article 45.021 and amended to read as follows:
10-9 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
10-10 pleading of the defendant in justice or municipal court may be oral
10-11 or in writing as the defendant may elect. [The justice shall note
10-12 upon his docket the plea offered.]
10-13 SECTION 16. Article 45.331, Code of Criminal Procedure, is
10-14 redesignated as Article 45.0215 and amended to read as follows:
10-15 Art. 45.0215 [45.331]. PLEA BY MINOR AND APPEARANCE OF
10-16 PARENT. (a) If a defendant is younger than 17 years of age and
10-17 has not had the disabilities of minority removed, the judge or
10-18 justice [court]:
10-19 (1) must take the defendant's plea in open court; and
10-20 (2) shall issue a summons to compel the defendant's
10-21 parent, guardian, or managing conservator to be present during:
10-22 (A) the taking of the defendant's plea; and
10-23 (B) all other proceedings relating to the case.
10-24 (b) If the court is unable to secure the appearance of the
10-25 defendant's parent, guardian, or managing conservator by issuance
10-26 of a summons, the court may, without the defendant's parent,
11-1 guardian, or managing conservator present, take the defendant's
11-2 plea and proceed against the defendant.
11-3 (c) If the defendant resides in a county other than the
11-4 county in which the alleged offense occurred, the defendant may,
11-5 with leave of the judge of the court of original jurisdiction
11-6 [court], enter the plea, including a plea under Article 45.052
11-7 [45.55], before a judge [justice] in the county in which the
11-8 defendant resides.
11-9 SECTION 17. Article 45.34, Code of Criminal Procedure, is
11-10 redesignated as Article 45.022 and amended to read as follows:
11-11 Art. 45.022 [45.34]. PLEA OF GUILTY OR NOLO CONTENDERE.
11-12 Proof as to the offense may be heard upon a plea of guilty or [and]
11-13 a plea of nolo contendere and the punishment assessed by the court
11-14 [or jury].
11-15 SECTION 18. Article 45.31, Code of Criminal Procedure, is
11-16 redesignated as Article 45.023 and amended to read as follows:
11-17 Art. 45.023 [45.31]. DEFENDANT'S PLEA [DEFENDANT SHALL
11-18 PLEAD]. After the jury is impaneled, or after the defendant has
11-19 waived trial by jury, the defendant may:
11-20 (1) plead guilty or not guilty;
11-21 (2) [or may] enter a plea of nolo contendere;[,] or
11-22 (3) enter the special plea of double jeopardy as
11-23 described by Article 27.05 [named in the succeeding Article].
11-24 SECTION 19. Article 45.35, Code of Criminal Procedure, is
11-25 redesignated as Article 45.024 and amended to read as follows:
11-26 Art. 45.024 [45.35]. DEFENDANT'S REFUSAL [IF DEFENDANT
12-1 REFUSES] TO PLEAD. The justice or judge shall enter a plea of not
12-2 guilty if the defendant refuses to plead.
12-3 SECTION 20. Article 45.24, Code of Criminal Procedure, is
12-4 redesignated as Article 45.025 and amended to read as follows:
12-5 Art. 45.025 [45.24]. DEFENDANT MAY WAIVE JURY. The accused
12-6 may waive a trial by jury orally or in writing. If the defendant
12-7 waives a trial by jury[; and in such case], the justice or judge
12-8 shall hear and determine the cause without a jury.
12-9 SECTION 21. Article 45.251, Code of Criminal Procedure, is
12-10 redesignated as Article 45.026 and amended to read as follows:
12-11 Art. 45.026 [45.251]. [DEMAND FOR] JURY TRIAL [IN JUSTICE
12-12 COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR. (a) A justice or
12-13 municipal court may order a party who does not waive [demands] a
12-14 jury trial in a justice or municipal court and who fails to appear
12-15 for the trial to pay the costs incurred for impaneling the jury.
12-16 (b) The justice or municipal court may release a party from
12-17 the obligation to pay costs under this section for good cause.
12-18 (c) An order issued by a justice or municipal court under
12-19 this section may be enforced by contempt as prescribed by Section
12-20 21.002(c), Government Code.
12-21 SECTION 22. Article 45.25, Code of Criminal Procedure, is
12-22 redesignated as Article 45.027 and amended to read as follows:
12-23 Art. 45.027 [45.25]. JURY SUMMONED. (a) If the accused
12-24 does not waive a trial by jury, the justice or judge shall issue a
12-25 writ commanding the proper officer to summon [forthwith] a venire
12-26 from which six qualified persons shall be selected to serve as
13-1 jurors in the case.
13-2 (b) The [Said] jurors when so summoned shall remain in
13-3 attendance as jurors in all cases that may come up for hearing
13-4 until discharged by the court.
13-5 (c) Any person so summoned who fails to attend may be fined
13-6 an amount not to exceed [exceeding] $100 for contempt.
13-7 SECTION 23. Article 45.29, Code of Criminal Procedure, is
13-8 redesignated as Article 45.028 and amended to read as follows:
13-9 Art. 45.028 [45.29]. OTHER JURORS SUMMONED. If, from
13-10 challenges or any other cause, a sufficient number of jurors are
13-11 not in attendance, the justice or judge shall order the proper
13-12 officer to summon a sufficient number of qualified persons to form
13-13 the jury.
13-14 SECTION 24. Article 45.28, Code of Criminal Procedure, is
13-15 redesignated as Article 45.029 and amended to read as follows:
13-16 Art. 45.029 [45.28]. PEREMPTORY CHALLENGES [CHALLENGE OF
13-17 JURORS]. In all jury trials in a [the] justice or municipal court,
13-18 the state [State] and each defendant in the case is [shall be]
13-19 entitled to three peremptory challenges[, and also to any number of
13-20 challenges for cause, which cause shall be judged of by the
13-21 justice].
13-22 SECTION 25. Article 45.30, Code of Criminal Procedure, is
13-23 redesignated as Article 45.030 and amended to read as follows:
13-24 Art. 45.030 [45.30]. FORMATION OF [OATH TO] JURY. The
13-25 justice or judge shall form the jury and administer the appropriate
13-26 [following] oath in accordance with Chapter 35 [to the jury: "Each
14-1 of you do solemnly swear that you will well and truly try the cause
14-2 about to be submitted to you and a true verdict render therein,
14-3 according to the law and the evidence, so help you God"].
14-4 SECTION 26. Article 45.36, Code of Criminal Procedure, is
14-5 redesignated as Article 45.031 and amended to read as follows:
14-6 Art. 45.031 [45.36]. COUNSEL FOR STATE NOT PRESENT
14-7 [WITNESSES EXAMINED BY WHOM]. If [The justice shall examine the
14-8 witnesses if] the state [State] is not represented by counsel when
14-9 the case is called for trial, the justice or judge may:
14-10 (1) postpone the trial to a date certain;
14-11 (2) appoint an attorney pro tem as provided by this
14-12 code to represent the state; or
14-13 (3) proceed to trial.
14-14 SECTION 27. Article 45.031, Code of Criminal Procedure, is
14-15 redesignated as Article 45.032 and amended to read as follows:
14-16 Art. 45.032 [45.031]. DIRECTED VERDICT. If, upon the trial
14-17 of a case in a justice or municipal [corporation] court, [there is
14-18 a material variance between the allegations in the complaint and
14-19 the proof offered by the state, or] the state fails [has failed] to
14-20 prove a prima facie case of the offense alleged in the complaint,
14-21 the defendant is entitled to a directed verdict of "not guilty."
14-22 [guilty" as in any other criminal case.]
14-23 SECTION 28. Subchapter B, Chapter 45, Code of Criminal
14-24 Procedure, as designated by this Act, is amended by adding Article
14-25 45.033 to read as follows:
14-26 Art. 45.033. JURY CHARGE. The judge shall charge the jury
15-1 orally, in writing, or as otherwise required by law.
15-2 SECTION 29. Article 45.39, Code of Criminal Procedure, is
15-3 redesignated as Article 45.034 and amended to read as follows:
15-4 Art. 45.034 [45.39]. JURY KEPT TOGETHER. The jury shall
15-5 retire in charge of an officer when the cause is submitted to them,
15-6 and be kept together until they agree to a verdict, [or] are
15-7 discharged, or the court recesses.
15-8 SECTION 30. Article 45.40, Code of Criminal Procedure, is
15-9 redesignated as Article 45.035 and amended to read as follows:
15-10 Art. 45.035 [45.40]. MISTRIAL. A jury shall be discharged
15-11 if it fails to agree to a verdict after being kept together a
15-12 reasonable time. If a jury is discharged because it fails to agree
15-13 to a verdict, [there be time left on the same day, another jury may
15-14 be impaneled to try the cause, or] the justice or judge may
15-15 [adjourn for not more than 30 days and again] impanel another [a]
15-16 jury as soon as practicable to try such cause.
15-17 SECTION 31. Article 45.42, Code of Criminal Procedure, is
15-18 redesignated as Article 45.036 and amended to read as follows:
15-19 Art. 45.036 [45.42]. VERDICT. (a) When the jury has agreed
15-20 on [upon] a verdict, the jury [it] shall bring the verdict [same]
15-21 into court.
15-22 (b) The [; and the] justice or judge shall see that the
15-23 verdict [it] is in proper form and shall [enter it upon his docket
15-24 and] render the proper judgment and sentence on the verdict
15-25 [thereon].
15-26 SECTION 32. Article 45.45, Code of Criminal Procedure, is
16-1 redesignated as Article 45.037 and amended to read as follows:
16-2 Art. 45.037 [45.45]. MOTION FOR NEW TRIAL. A motion [An
16-3 application] for a new trial must be made within one day after the
16-4 rendition of judgment and sentence, and not afterward [; and the
16-5 execution of the judgment and sentence shall not be stayed until a
16-6 new trial has been granted].
16-7 SECTION 33. Article 45.44, Code of Criminal Procedure, is
16-8 redesignated as Article 45.038 and amended to read as follows:
16-9 Art. 45.038 [45.44]. NEW TRIAL GRANTED. (a) Not later than
16-10 the 10th day after the date that the judgment is entered, a [A]
16-11 justice or judge may, for good cause shown, grant the defendant a
16-12 new trial, whenever the justice or judge [he] considers that
16-13 justice has not been done the defendant in the trial of the [such]
16-14 case.
16-15 (b) If a motion for a new trial is not granted before the
16-16 11th day after the date that the judgment is entered, the motion
16-17 shall be considered denied.
16-18 SECTION 34. Article 45.46, Code of Criminal Procedure, is
16-19 redesignated as Article 45.039 and amended to read as follows:
16-20 Art. 45.039 [45.46]. ONLY ONE NEW TRIAL GRANTED. Not more
16-21 than one new trial shall be granted the defendant in the same case.
16-22 When a new trial has been granted, the justice or judge shall
16-23 proceed, as soon as practicable, to try the case again.
16-24 SECTION 35. Article 45.47, Code of Criminal Procedure, is
16-25 redesignated as Article 45.040 and amended to read as follows:
16-26 Art. 45.040 [45.47]. STATE NOT ENTITLED TO NEW TRIAL. In no
17-1 case shall the state [State] be entitled to a new trial.
17-2 SECTION 36. Article 45.50, Code of Criminal Procedure, is
17-3 redesignated as Article 45.041 and amended to read as follows:
17-4 Art. 45.041 [45.50]. [THE] JUDGMENT. (a) The judgment and
17-5 sentence, in case of conviction in a criminal action before a
17-6 justice of the peace or municipal court judge, shall be that the
17-7 defendant pay the amount of the fine and costs to the state.
17-8 (b) The justice or judge may direct the defendant:
17-9 (1) to pay:
17-10 (A) the entire fine and costs when sentence is
17-11 pronounced; [or]
17-12 (B) [(2) to pay] the entire fine and costs at
17-13 some later date; or
17-14 (C) [(3) to pay] a specified portion of the
17-15 fine and costs at designated intervals;
17-16 (2) if applicable, to make restitution to any victim
17-17 of the offense in an amount not to exceed $500; and
17-18 (3) to satisfy any other sanction authorized by law.
17-19 (c) The justice or judge shall credit the defendant for time
17-20 served in jail as provided by Article 42.03. The credit shall be
17-21 applied to the amount of the fine and costs at the rate provided by
17-22 Article 45.048.
17-23 (d) All judgments, sentences, and final orders of the
17-24 justice or judge shall be rendered in open court.
17-25 SECTION 37. Article 45.10, Code of Criminal Procedure, is
17-26 redesignated as Article 45.042 and amended to read as follows:
18-1 Art. 45.042 [45.10]. APPEAL. (a) Appeals from a justice or
18-2 municipal court, including appeals from final judgments in bond
18-3 forfeiture proceedings, shall be heard by the county court except
18-4 in cases where the county court has no jurisdiction, in which
18-5 counties such appeals shall be heard by the proper court.
18-6 (b) Unless the appeal is taken from a municipal court of
18-7 record and the appeal is based on error reflected in the record,
18-8 the trial shall be de novo [in the proper court. Said appeals
18-9 shall be governed by the rules of practice and procedure for
18-10 appeals from justice courts to the county court, as far as
18-11 applicable].
18-12 (c) In an appeal from the judgment and sentence of a justice
18-13 or municipal court, if the defendant is in custody, the defendant
18-14 is to be committed to jail unless the defendant gives bail.
18-15 SECTION 38. Subchapter B, Chapter 45, Code of Criminal
18-16 Procedure, as designated by this Act, is amended by adding Article
18-17 45.0425 to read as follows:
18-18 Art. 45.0425. APPEAL BOND. (a) If the court from whose
18-19 judgment and sentence the appeal is taken is in session, the court
18-20 must approve the bail. The amount of a bail bond may not be less
18-21 than two times the amount of the fine and costs adjudged against
18-22 the defendant, payable to the State of Texas. The bail may not in
18-23 any case be for a sum less than $50. If the appeal bond otherwise
18-24 meets the requirements of this code, the court without requiring a
18-25 court appearance by the defendant shall approve the appeal bond in
18-26 the amount the court under Article 27.14(b) notified the defendant
19-1 would be approved.
19-2 (b) An appeal bond shall recite that in the cause the
19-3 defendant was convicted and has appealed and be conditioned that
19-4 the defendant shall make the defendant's personal appearance before
19-5 the court to which the appeal is taken instanter, if the court is
19-6 in session, or, if the court is not in session, at its next regular
19-7 term, stating the time and place of that session, and there remain
19-8 from day to day and term to term, and answer in the cause in the
19-9 court.
19-10 SECTION 39. Article 44.14, Code of Criminal Procedure, is
19-11 redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code
19-12 of Criminal Procedure, as designated by this Act, and amended to
19-13 read as follows:
19-14 Art. 45.0426 [44.14]. FILING BOND PERFECTS APPEAL.
19-15 (a) When [In appeals from justice and municipal courts, when] the
19-16 appeal bond [provided for in the preceding Article] has been filed
19-17 with the justice or judge who tried the case not later than the
19-18 10th day after the date the judgment was entered, the appeal in
19-19 such case shall be held to be perfected.
19-20 (b) If an appeal bond is not timely filed, the appellate
19-21 [appeal] court does not have jurisdiction over the case and shall
19-22 remand the case to the justice or municipal court for execution of
19-23 the sentence.
19-24 (c) An [No] appeal may not [shall] be dismissed because the
19-25 defendant failed to give notice of appeal in open court. An appeal
19-26 by the defendant or the state may not be dismissed on account of
20-1 any defect in the transcript.
20-2 SECTION 40. Article 45.48, Code of Criminal Procedure, is
20-3 redesignated as Article 45.043 and amended to read as follows:
20-4 Art. 45.043 [45.48]. EFFECT OF APPEAL. When a defendant
20-5 files the appeal bond required by law with the justice or municipal
20-6 court, all further proceedings [proceeding] in the case in the
20-7 justice or municipal court shall cease.
20-8 SECTION 41. Article 45.231, Code of Criminal Procedure, is
20-9 redesignated as Article 45.044 and amended to read as follows:
20-10 Art. 45.044 [45.231]. FORFEITURE OF CASH BOND IN
20-11 SATISFACTION OF FINE. (a) A justice or judge may enter a judgment
20-12 of conviction and forfeit a cash bond posted by the defendant in
20-13 satisfaction of the defendant's fine and cost if the defendant:
20-14 (1) has entered a written and signed plea of nolo
20-15 contendere and a waiver of jury trial; and
20-16 (2) fails to appear according to the terms of the
20-17 defendant's release.
20-18 (b) A justice or judge who enters a judgment of conviction
20-19 and forfeiture under Subsection (a) of this article shall
20-20 immediately notify the defendant in writing, by regular mail
20-21 addressed to the defendant at the defendant's last known address,
20-22 that:
20-23 (1) a judgment of conviction and forfeiture of bond
20-24 was entered against the defendant on a date certain and the
20-25 forfeiture satisfies the defendant's fine and costs in the case;
20-26 and
21-1 (2) the defendant has a right to a new trial in the
21-2 case if the defendant applies for the new trial not later than the
21-3 10th day after the date of judgment and forfeiture.
21-4 (c) Notwithstanding Article 45.037 [45.45] of this code, the
21-5 defendant may file a motion [apply] for a new trial within the
21-6 period provided by Subsection (b) of this article, and the court
21-7 shall grant the motion [application] if the motion [application] is
21-8 made within that [the] period. On the new trial, the court shall
21-9 permit the defendant to withdraw the previously entered plea of
21-10 nolo contendere and waiver of jury trial.
21-11 SECTION 42. Article 45.51, Code of Criminal Procedure, is
21-12 redesignated as Article 45.045 and amended to read as follows:
21-13 Art. 45.045 [45.51]. CAPIAS PRO FINE. [(a)] If the
21-14 defendant is not in custody when the judgment is rendered or if the
21-15 defendant fails to satisfy the judgment according to its terms, the
21-16 court may order a capias pro fine issued for the defendant's [his]
21-17 arrest. The capias pro fine shall state the amount of the judgment
21-18 and sentence, and command the appropriate peace officer [sheriff]
21-19 to bring the defendant before the court or place the defendant
21-20 [him] in jail until the defendant [he] can be brought before the
21-21 court.
21-22 [(b) If the defendant escapes from custody after judgment is
21-23 rendered, a capias shall issue for his arrest and confinement until
21-24 he is legally discharged.]
21-25 SECTION 43. Article 45.52, Code of Criminal Procedure, is
21-26 redesignated as Article 45.046 and amended to read as follows:
22-1 Art. 45.046 [45.52]. COMMITMENT [COLLECTION OF FINES].
22-2 (a) When a judgment and sentence have been entered [rendered]
22-3 against a defendant [for a fine and costs] and the defendant [he]
22-4 defaults in the discharge of the judgment [payment], the judge
22-5 [justice] may order the defendant confined [him imprisoned] in jail
22-6 until discharged by law if the judge determines that:
22-7 (1) the defendant intentionally failed to make
22-8 sufficient bona fide efforts to discharge the judgment; and
22-9 (2) the defendant is not indigent.
22-10 (b) A certified copy of the judgment, sentence, and order is
22-11 sufficient to authorize such confinement [imprisonment].
22-12 [(b) The justice may order the fine and costs collected by
22-13 execution against the defendant's property in the same manner as a
22-14 judgment in a civil suit.]
22-15 SECTION 44. Subchapter B, Chapter 45, Code of Criminal
22-16 Procedure, as designated by this Act, is amended by adding Article
22-17 45.047 to read as follows:
22-18 Art. 45.047. CIVIL COLLECTION OF FINES AFTER JUDGMENT. If
22-19 after a judgment and sentence is entered the defendant defaults in
22-20 payment of a fine, the justice or judge may order the fine and
22-21 costs collected by execution against the defendant's property in
22-22 the same manner as a judgment in a civil suit.
22-23 SECTION 45. Article 45.53, Code of Criminal Procedure, is
22-24 redesignated as Article 45.048 and amended to read as follows:
22-25 Art. 45.048 [45.53]. DISCHARGED FROM JAIL. A defendant
22-26 placed in jail on account of failure to pay the fine and costs
23-1 shall [can] be discharged on habeas corpus by showing that the
23-2 defendant:
23-3 (1) [1. That he] is too poor to pay the fine and
23-4 costs; or [and]
23-5 (2) [2. That he] has remained in jail a sufficient
23-6 length of time to satisfy the fine and costs, at the rate of not
23-7 less than $100 [$15] for each day or part of a day of jail time
23-8 served.
23-9 SECTION 46. Articles 45.521 and 45.522, Code of Criminal
23-10 Procedure, are redesignated as Articles 45.049 and 45.050 and
23-11 amended to read as follows:
23-12 Art. 45.049 [45.521]. COMMUNITY SERVICE IN SATISFACTION OF
23-13 FINE OR COSTS. (a) A justice or judge may require a defendant who
23-14 fails to pay a previously assessed fine or costs, or who is
23-15 determined by the court to have insufficient resources or income to
23-16 pay a fine or costs, to discharge all or part of the fine or costs
23-17 by performing community service. A defendant may discharge an
23-18 obligation to perform community service under this article by
23-19 paying at any time the fine and costs assessed.
23-20 (b) In the justice's or judge's order requiring a defendant
23-21 to participate in community service work under this article, the
23-22 justice or judge must specify[:]
23-23 [(1)] the number of hours the defendant is required to
23-24 work[;]
23-25 [(2) the entity or organization for which the
23-26 defendant is required to work; and]
24-1 [(3) the project on which the defendant is required to
24-2 work].
24-3 (c) The justice or judge may order the defendant to perform
24-4 community service work under this article only for a governmental
24-5 entity or a nonprofit organization that provides services to the
24-6 general public that enhance social welfare and the general
24-7 well-being of the community. A governmental entity or nonprofit
24-8 organization that accepts a defendant under this article to perform
24-9 community service must agree to supervise the defendant in the
24-10 performance of the defendant's work and report on the defendant's
24-11 work to the justice or judge who ordered the community service.
24-12 (d) A justice or judge may not order a defendant to perform
24-13 more than 16 hours per week of community service under this article
24-14 unless the justice or judge determines that requiring the defendant
24-15 to work additional hours does not work a hardship on the defendant
24-16 or the defendant's dependents.
24-17 (e) A defendant is considered to have discharged $100 [$50]
24-18 of fines or costs for each eight hours of community service
24-19 performed under this article.
24-20 (f) A sheriff, employee of a sheriff's department, county
24-21 commissioner, county employee, county judge, justice of the peace,
24-22 municipal court judge, or officer or employee of a political
24-23 subdivision other than a county is not liable for damages arising
24-24 from an act or failure to act in connection with manual labor
24-25 performed by a defendant under this article if the act or failure
24-26 to act:
25-1 (1) was performed pursuant to court order; and
25-2 (2) was not intentional, wilfully or wantonly
25-3 negligent, or performed with conscious indifference or reckless
25-4 disregard for the safety of others.
25-5 Art. 45.050 [45.522]. FAILURE TO PAY FINE; CONTEMPT:
25-6 JUVENILES. (a) A justice court or municipal court may not order
25-7 the confinement of a person who is a child for the purposes of
25-8 Title 3, Family Code, for the failure to pay all or any part of a
25-9 fine or costs imposed for the conviction of an offense punishable
25-10 by fine only.
25-11 (b) If a person who is a child under Section 51.02, Family
25-12 Code, [Section 51.03(a)(3), Family Code, and the procedures for the
25-13 adjudication of a child for delinquent conduct apply to a child
25-14 who] fails to obey an order of a justice or municipal court under
25-15 circumstances that would constitute contempt of court, the justice
25-16 or municipal court has jurisdiction to:
25-17 (1) hold the child in contempt of the justice or
25-18 municipal court order as provided by Section 52.027(h), Family
25-19 Code; or
25-20 (2) refer the child to the appropriate juvenile court
25-21 for delinquent conduct for contempt of the justice or municipal
25-22 court order.
25-23 SECTION 47. Article 45.54, Code of Criminal Procedure, is
25-24 redesignated as Article 45.051 and amended to read as follows:
25-25 Art. 45.051 [45.54]. SUSPENSION OF SENTENCE AND DEFERRAL OF
25-26 FINAL DISPOSITION. (a) [(1)] On a plea of guilty or nolo
26-1 contendere by a defendant or on a finding of guilt [in a
26-2 misdemeanor case punishable by fine only] and payment of all court
26-3 costs, the justice or judge may defer further proceedings without
26-4 entering an adjudication of guilt and place the defendant on
26-5 probation for a period not to exceed 180 days. This article does
26-6 not apply to:
26-7 (1) a misdemeanor case disposed of under Subchapter B,
26-8 Chapter 543, Transportation Code; [by Section 143A, Uniform Act
26-9 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
26-10 Statutes),] or
26-11 (2) a serious traffic violation as defined by Section
26-12 522.003, Transportation Code [in Section 3(26), Texas Commercial
26-13 Driver's License Act (Article 6687b-2, Revised Statutes)].
26-14 (b) [(2)] During the deferral period, the justice or judge
26-15 shall require the defendant to successfully complete a Texas
26-16 [Central] Education Agency-approved driving safety course, if the
26-17 offense alleged is an offense involving the operation of a motor
26-18 vehicle, other than a commercial motor vehicle, as defined by
26-19 Section 522.003, Transportation Code [in Subdivision (6), Section
26-20 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised
26-21 Statutes)], and the defendant:
26-22 (1) [(A)] has completed an approved driving safety
26-23 course within the preceding 12 months; or
26-24 (2) [(B)] is a first-time offender who elects deferred
26-25 adjudication.
26-26 (c) [(3)] During the [said] deferral period, the justice or
27-1 judge may require the defendant to:
27-2 (1) [(a)] post a bond in the amount of the fine
27-3 assessed to secure payment of the fine;
27-4 (2) [(b)] pay restitution to the victim of the offense
27-5 in an amount not to exceed the fine assessed;
27-6 (3) [(c)] submit to professional counseling;
27-7 (4) [(d)] comply with any other reasonable condition;
27-8 and
27-9 (5) [(e) require the defendant to] successfully
27-10 complete a Texas [Central] Education Agency approved driving safety
27-11 course, if:
27-12 (A) [(1)] the offense alleged is an offense
27-13 involving the operation of a motor vehicle, other than a commercial
27-14 motor vehicle, as defined by Section 522.003, Transportation Code
27-15 [in Subdivision (6), Section 3, Texas Commercial Driver's License
27-16 Act (Article 6687b-2, Revised Statutes)]; and
27-17 (B) [(2)] the defendant has not completed an
27-18 approved driving safety course within the preceding 12 months.
27-19 (d) [(4)] At the conclusion of the deferral period, if the
27-20 defendant presents satisfactory evidence that the defendant [he]
27-21 has complied with the requirements imposed, the justice or judge
27-22 shall dismiss the complaint, and it shall be clearly noted in the
27-23 docket that the complaint is dismissed and that there is not a
27-24 final conviction. Otherwise, the justice or judge may proceed with
27-25 an adjudication of guilt without notice or a hearing. After an
27-26 adjudication of guilt, the justice or judge may reduce the fine
28-1 assessed or may then impose the fine assessed, less any portion of
28-2 the assessed fine that has been paid. If the complaint is
28-3 dismissed, a special expense not to exceed the amount of the fine
28-4 assessed may be imposed.
28-5 (e) [(5)] If at the conclusion of the deferral period the
28-6 defendant does not present satisfactory evidence that the defendant
28-7 complied with the requirements imposed, the justice or judge may
28-8 impose the fine assessed or impose a lesser fine. The imposition
28-9 of the fine or lesser fine constitutes a final conviction of the
28-10 defendant.
28-11 (f) [(6)] Records relating to a complaint dismissed as
28-12 provided by this article may be expunged under Article 55.01 of
28-13 this code. If a complaint is dismissed under this article, there
28-14 is not a final conviction and the complaint may not be used against
28-15 the person for any purpose.
28-16 SECTION 48. Article 45.55, Code of Criminal Procedure, is
28-17 redesignated as Article 45.052 to read as follows:
28-18 Art. 45.052 [45.55]. DISMISSAL OF MISDEMEANOR CHARGE ON
28-19 COMPLETION OF TEEN COURT PROGRAM. (a) A justice or municipal
28-20 court may defer proceedings against a defendant who is under the
28-21 age of 18 or enrolled full time in an accredited secondary school
28-22 in a program leading toward a high school diploma for 90 days if
28-23 the defendant:
28-24 (1) is charged with a misdemeanor punishable by fine
28-25 only or a violation of a penal ordinance of a political
28-26 subdivision, including a traffic offense punishable by fine only;
29-1 (2) pleads nolo contendere or guilty to the offense in
29-2 open court with the defendant's parent, guardian, or managing
29-3 conservator present;
29-4 (3) presents to the court an oral or written request
29-5 to attend a teen court program; and
29-6 (4) has not successfully completed a teen court
29-7 program in the two years preceding the date that the alleged
29-8 offense occurred.
29-9 (b) The teen court program must be approved by the court.
29-10 (c) The justice or municipal court shall dismiss the charge
29-11 at the conclusion of the deferral period if the defendant presents
29-12 satisfactory evidence that the defendant has successfully completed
29-13 the teen court program.
29-14 (d) A charge dismissed under this article may not be part of
29-15 the defendant's criminal record or driving record or used for any
29-16 purpose. However, if the charge was for a traffic offense, the
29-17 court shall report to the Department of Public Safety that the
29-18 defendant successfully completed the teen court program and the
29-19 date of completion for inclusion in the defendant's driving record.
29-20 (e) The justice or municipal court may require a person who
29-21 requests a teen court program to pay a fee not to exceed $10 that
29-22 is set by the court to cover the costs of administering this
29-23 article. Fees collected by a municipal court shall be deposited in
29-24 the municipal treasury. Fees collected by a justice court shall be
29-25 deposited in the county treasury of the county in which the court
29-26 is located. A person who requests a teen court program and fails
30-1 to complete the program is not entitled to a refund of the fee.
30-2 (f) A court may transfer a case in which proceedings have
30-3 been deferred under this section to a court in a contiguous county
30-4 if the court to which the case is transferred consents. A case may
30-5 not be transferred unless it is within the jurisdiction of the
30-6 court to which it is transferred.
30-7 (g) In addition to the fee authorized by Subsection (e) of
30-8 this article, the court may require a child who requests a teen
30-9 court program to pay a $10 fee to cover the cost to the teen court
30-10 for performing its duties under this article. The court shall pay
30-11 the fee to the teen court program, and the teen court program must
30-12 account to the court for the receipt and disbursal of the fee. A
30-13 child who pays a fee under this subsection is not entitled to a
30-14 refund of the fee, regardless of whether the child successfully
30-15 completes the teen court program.
30-16 (h) A justice or municipal court may exempt a defendant for
30-17 whom proceedings are deferred under this article from the
30-18 requirement to pay a court cost or fee that is imposed by another
30-19 statute.
30-20 SECTION 49. Article 45.56, Code of Criminal Procedure, is
30-21 redesignated as Article 45.053 to read as follows:
30-22 Art. 45.053 [45.56]. DISMISSAL OF MISDEMEANOR CHARGE ON
30-23 COMMITMENT OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of
30-24 guilty or nolo contendere by a defendant or on a finding of guilt
30-25 in a misdemeanor case punishable by a fine only, a justice or
30-26 municipal court may defer further proceedings for 90 days without
31-1 entering an adjudication of guilt if:
31-2 (1) the court finds that the offense resulted from or
31-3 was related to the defendant's chemical dependency; and
31-4 (2) an application for court-ordered treatment of the
31-5 defendant is filed in accordance with Chapter 462, Health and
31-6 Safety Code.
31-7 (b) At the end of the deferral period, the justice or
31-8 municipal court shall dismiss the charge if satisfactory evidence
31-9 is presented that the defendant was committed for and completed
31-10 court-ordered treatment in accordance with Chapter 462, Health and
31-11 Safety Code, and it shall be clearly noted in the docket that the
31-12 complaint is dismissed and that there is not a final conviction.
31-13 (c) If at the conclusion of the deferral period satisfactory
31-14 evidence that the defendant was committed for and completed
31-15 court-ordered treatment in accordance with Chapter 462, Health and
31-16 Safety Code, is not presented, the justice or municipal court may
31-17 impose the fine assessed or impose a lesser fine. The imposition
31-18 of a fine constitutes a final conviction of the defendant.
31-19 (d) Records relating to a complaint dismissed under this
31-20 article may be expunged under Article 55.01 of this code. If a
31-21 complaint is dismissed under this article, there is not a final
31-22 conviction and the complaint may not be used against the person for
31-23 any purpose.
31-24 SECTION 50. Article 45.101, as added by this Act, and
31-25 Articles 45.102 and 45.103, as redesignated by this Act, are
31-26 designated as Subchapter C of Chapter 45, Code of Criminal
32-1 Procedure, and a heading is added to that subchapter to read as
32-2 follows:
32-3 SUBCHAPTER C. PROCEDURES IN JUSTICE COURT
32-4 SECTION 51. Subchapter C, Chapter 45, Code of Criminal
32-5 Procedure, as designated by this Act, is amended by adding Article
32-6 45.101 to read as follows:
32-7 Art. 45.101. JUSTICE COURT PROSECUTIONS. (a) All
32-8 prosecutions in a justice court shall be conducted by the county or
32-9 district attorney or a deputy county or district attorney.
32-10 (b) Except as otherwise provided by law, appeals from
32-11 justice court may be prosecuted by the district attorney or a
32-12 deputy district attorney with the consent of the county attorney.
32-13 SECTION 52. Article 45.21, Code of Criminal Procedure, is
32-14 redesignated as Article 45.102 and amended to read as follows:
32-15 Art. 45.102 [45.21]. OFFENSES COMMITTED IN ANOTHER COUNTY.
32-16 Whenever complaint is made before any justice of the peace that a
32-17 felony has been committed in any other than a county in which the
32-18 complaint is made, the [such] justice shall issue a [his] warrant
32-19 for the arrest of the accused, directed as in other cases,
32-20 commanding that the accused be arrested and taken before any
32-21 magistrate of the county where such felony is alleged to have been
32-22 committed, forthwith, for examination as in other cases.
32-23 SECTION 53. Article 45.15, Code of Criminal Procedure, is
32-24 redesignated as Article 45.103 and amended to read as follows:
32-25 Art. 45.103 [45.15]. WARRANT WITHOUT COMPLAINT. If
32-26 [Whenever] a criminal offense that [which] a justice of the peace
33-1 has jurisdiction to try is [shall be] committed within the view of
33-2 the [such] justice, the justice [he] may issue a [his] warrant for
33-3 the arrest of the offender.
33-4 SECTION 54. Articles 45.201, 45.202, and 45.203, as
33-5 redesignated or added by this Act, are designated as Subchapter D
33-6 of Chapter 45, Code of Criminal Procedure, and a heading is added
33-7 to that subchapter to read as follows:
33-8 SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT
33-9 SECTION 55. Article 45.03, Code of Criminal Procedure, is
33-10 redesignated as Article 45.201 and amended to read as follows:
33-11 Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All
33-12 prosecutions in a municipal court shall be conducted by the city
33-13 attorney of the municipality [such city, town or village,] or by a
33-14 [his] deputy city attorney.
33-15 (b) The county attorney of the county in which the
33-16 municipality [said city, town or village] is situated may, if the
33-17 county attorney [he] so desires, also represent the state [State]
33-18 in such prosecutions. In such cases, the [said] county attorney is
33-19 [shall] not [be] entitled to receive any fees or other compensation
33-20 [whatever] for those [said] services.
33-21 (c) [The county attorney shall have no power to dismiss any
33-22 prosecution pending in said court unless for reasons filed and
33-23 approved by the judge.] With the consent of the county attorney,
33-24 appeals from municipal court to a county court, county court at
33-25 law, or any appellate court may be prosecuted by the city attorney
33-26 or a [his] deputy city attorney.
34-1 (d) It is the primary duty of a municipal prosecutor not to
34-2 convict, but to see that justice is done.
34-3 SECTION 56. Article 45.04, Code of Criminal Procedure, is
34-4 redesignated as Article 45.202 and amended to read as follows:
34-5 Art. 45.202 [45.04]. SERVICE OF PROCESS. (a) [Sec. 1.] All
34-6 process issuing out of a municipal [corporation] court may be
34-7 served and shall be served when directed by the court, by a peace
34-8 officer [policeman] or marshal of the municipality [city, town or
34-9 village] within which it is situated, under the same rules as are
34-10 provided by law for the service by sheriffs and constables of
34-11 process issuing out of the justice court, so far as applicable.
34-12 (b) [Sec. 2.] The peace officer [policeman] or marshal may
34-13 serve all process issuing out of a municipal [corporation] court
34-14 anywhere in the county in which the municipality [city, town or
34-15 village] is situated. If the municipality [city, town or village]
34-16 is situated in more than one county, the peace officer [policeman]
34-17 or marshal may serve the process throughout those counties.
34-18 [Sec. 3. A defendant is entitled to at least one day's
34-19 notice of any complaint against him, if such time is demanded.]
34-20 SECTION 57. Article 45.06, Code of Criminal Procedure, is
34-21 redesignated as Article 45.203 and amended to read as follows:
34-22 Art. 45.203 [45.06]. COLLECTION OF FINES, COSTS, AND SPECIAL
34-23 EXPENSES. (a) The governing body of each municipality
34-24 [incorporated city, town or village] shall by ordinance prescribe
34-25 [such] rules, not inconsistent with any law of this state [State],
34-26 as may be proper to enforce the collection of fines imposed by a
35-1 municipal court. In addition to any other method of enforcement,
35-2 the municipality may enforce the collection of fines by:
35-3 (1) [, by] execution against the property of the
35-4 defendant;[,] or
35-5 (2) imprisonment of the defendant.
35-6 (b) The governing body of a municipality may[, the
35-7 collection of all fines imposed by such court, and shall also have
35-8 power to] adopt such rules and regulations, not inconsistent with
35-9 any law of this state, concerning the practice and procedure in the
35-10 municipal [such] court as the [said] governing body may consider
35-11 [deem] proper[, not inconsistent with any law of this State].
35-12 (c) The governing body of each municipality may prescribe by
35-13 ordinance the collection, after due notice, of [All such fines;] a
35-14 special expense, not to exceed $25 for the issuance and service of
35-15 a warrant of arrest for an offense under Section 38.10, Penal Code,
35-16 or Section 543.009, Transportation Code. Money collected from the
35-17 special expense [under Section 149, Uniform Act Regulating Traffic
35-18 on Highways (Article 6701d, Vernon's Texas Civil Statutes); and the
35-19 special expenses described in Article 17.04 dealing with the
35-20 requisites of a personal bond and a special expense for the
35-21 issuance and service of a warrant of arrest, after due notice, not
35-22 to exceed $25,] shall be paid into the municipal [city] treasury
35-23 for the use and benefit of the municipality [city, town or village.
35-24 The governing body of each incorporated city, town or village may
35-25 by ordinance authorize a municipal court to collect a special
35-26 expense for services performed in cases in which the laws of this
36-1 State require that the case be dismissed because of actions by or
36-2 on behalf of the defendant which were subsequent to the date of the
36-3 alleged offense. Such actions are limited to compliance with the
36-4 provisions of Subsection (a), Section 143A, Uniform Act Regulating
36-5 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
36-6 Such special expense shall not exceed the actual expenses incurred
36-7 for the services or $10, whichever is less].
36-8 (d) Costs may not be imposed or collected in criminal cases
36-9 in municipal court by municipal ordinance.
36-10 SECTION 58. Article 42.111, Code of Criminal Procedure, is
36-11 amended to read as follows:
36-12 Art. 42.111. Deferral of proceedings in cases appealed to
36-13 county court. If a defendant convicted of a misdemeanor punishable
36-14 by fine only appeals the conviction to a county court, on the trial
36-15 in county court the defendant may enter a plea of guilty or nolo
36-16 contendere to the offense. If the defendant enters a plea of
36-17 guilty or nolo contendere, the court may defer further proceedings
36-18 without entering an adjudication of guilt in the same manner as
36-19 provided for the deferral of proceedings in justice court or
36-20 municipal court under Article 45.051 [45.54] of this code. This
36-21 article does not apply to a misdemeanor case disposed of under
36-22 Subchapter B, Chapter 543, Transportation Code [by Section 143A,
36-23 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
36-24 Texas Civil Statutes)], or a serious traffic violation as defined
36-25 by Section 522.003, Transportation Code [in Section 3(26), Texas
36-26 Commercial Driver's License Act (Article 6687b-2, Revised
37-1 Statutes)].
37-2 SECTION 59. Subsections (b) and (c), Article 102.002, Code
37-3 of Criminal Procedure, are amended to read as follows:
37-4 (b) The justices of the peace and municipal courts shall
37-5 maintain a record of and the clerks of district and county courts
37-6 and county courts at law shall keep a book and record in the book:
37-7 (1) the number and style of each criminal action
37-8 before the court;
37-9 (2) the name of each witness subpoenaed, attached, or
37-10 recognized to testify in the action; and
37-11 (3) whether the witness was a witness for the state or
37-12 for the defendant.
37-13 (c) Except as otherwise provided by this subsection, a
37-14 defendant is liable on conviction for the fees provided by this
37-15 article for witnesses in the defendant's case. If a defendant
37-16 convicted of a misdemeanor does not pay the defendant's [his] fines
37-17 and costs, the county or municipality, as appropriate, is liable
37-18 for the fees provided by this article for witnesses in the
37-19 defendant's case.
37-20 SECTION 60. Article 102.004, Code of Criminal Procedure, is
37-21 amended to read as follows:
37-22 Art. 102.004. JURY FEE. (a) A defendant convicted by a
37-23 jury in a trial before a justice or municipal court shall pay a
37-24 jury fee of $3. A defendant in a justice or municipal court who
37-25 requests a trial by jury and who withdraws the request not earlier
37-26 than 24 hours before the time of trial shall pay a jury fee of $3,
38-1 if the defendant is convicted of the offense or final disposition
38-2 of the defendant's case is deferred. A defendant convicted by a
38-3 jury in a county court, a county court at law, or a district court
38-4 shall pay a jury fee of $20.
38-5 (b) If two or more defendants are tried jointly in a justice
38-6 or municipal court, only one jury fee of $3 may be imposed under
38-7 this article. If the defendants sever and are tried separately,
38-8 each defendant convicted shall pay a jury fee.
38-9 SECTION 61. Article 45.11, Code of Criminal Procedure, is
38-10 redesignated as Article 44.281, Code of Criminal Procedure,
38-11 transferred to Chapter 44 of that code, and amended to read as
38-12 follows:
38-13 Art. 44.281 [45.11]. DISPOSITION OF FINES AND COSTS WHEN
38-14 MISDEMEANOR AFFIRMED [FEES]. In misdemeanor cases affirmed on
38-15 appeal from a municipal court, the [The] fine imposed on appeal and
38-16 the costs imposed on appeal shall be collected from [of] the
38-17 defendant, and the [such] fine of the municipal [corporation] court
38-18 when collected shall be paid into the municipal treasury.
38-19 SECTION 62. Section 52.027, Family Code, is amended by
38-20 amending Subsection (h) and adding Subsection (j) to read as
38-21 follows:
38-22 (h) If a child [A municipal court or justice court may not
38-23 hold a child in contempt for] intentionally or knowingly fails
38-24 [refusing] to obey a lawful order of disposition after an
38-25 adjudication of guilt of a traffic offense or other offense
38-26 punishable by fine only, the[. The] municipal court or justice
39-1 court may:
39-2 (1) except as provided by Subsection (j), hold the
39-3 child in contempt of the municipal court or justice court order and
39-4 order the child to pay a fine not to exceed $500; or
39-5 (2) [shall instead] refer the child to the appropriate
39-6 juvenile court for delinquent conduct for contempt of the municipal
39-7 court or justice court order.
39-8 (j) A municipal or justice court may not order a child to a
39-9 term of confinement or imprisonment for contempt of a municipal or
39-10 justice court order under Subsection (h).
39-11 SECTION 63. Subsection (b), Section 30.00430, Government
39-12 Code, is amended to read as follows:
39-13 (b) Complaints must comply with Article 45.019 [45.17], Code
39-14 of Criminal Procedure.
39-15 SECTION 64. Subsection (b), Section 30.00940, Government
39-16 Code, is amended to read as follows:
39-17 (b) Complaints must comply with Article 45.019 [45.17], Code
39-18 of Criminal Procedure.
39-19 SECTION 65. Subsection (b), Section 30.01101, Government
39-20 Code, is amended to read as follows:
39-21 (b) Complaints must comply with Article 45.019 [45.17], Code
39-22 of Criminal Procedure.
39-23 SECTION 66. Subsection (b), Section 30.01221, Government
39-24 Code, is amended to read as follows:
39-25 (b) Complaints must comply with Article 45.019 [45.17], Code
39-26 of Criminal Procedure.
40-1 SECTION 67. Subsection (d), Section 406.014, Government
40-2 Code, is amended to read as follows:
40-3 (d) A notary public who administers an oath pursuant to
40-4 Article 45.019 [45.01], Code of Criminal Procedure, is exempt from
40-5 the requirement in Subsection (a) of recording that oath.
40-6 SECTION 68. Subsection (b), Section 542.402, Transportation
40-7 Code, is amended to read as follows:
40-8 (b) In each fiscal year, a municipality having a population
40-9 of less than 5,000 may retain, from fines collected for violations
40-10 of highway laws in this subtitle and from special expenses
40-11 collected under Article 45.051 [45.54], Code of Criminal Procedure,
40-12 in cases in which a violation of this subtitle is alleged, an
40-13 amount equal to 30 percent of the municipality's revenue for the
40-14 preceding fiscal year from all sources, other than federal funds
40-15 and bond proceeds, as shown by the audit performed under Section
40-16 103.001, Local Government Code. After a municipality has retained
40-17 that amount, the municipality shall send to the comptroller any
40-18 portion of a fine or a special expense collected that exceeds $1.
40-19 SECTION 69. Subsection (a), Section 543.204, Transportation
40-20 Code, is amended to read as follows:
40-21 (a) A justice of the peace or municipal judge who defers
40-22 further proceedings, suspends all or part of the imposition of the
40-23 fine, and places a defendant on probation under Article 45.051
40-24 [45.54], Code of Criminal Procedure, or a county court judge who
40-25 follows that procedure under Article 42.111, Code of Criminal
40-26 Procedure, may not submit a written record to the department,
41-1 except that if the justice or judge subsequently adjudicates the
41-2 defendant's guilt, the justice or judge shall submit the record not
41-3 later than the 30th day after the date on which the justice or
41-4 judge adjudicates guilt.
41-5 SECTION 70. Subdivision (1), Section 706.001, Transportation
41-6 Code, is amended to read as follows:
41-7 (1) "Complaint" means a notice of an offense as
41-8 described by Article 27.14(d) or 45.019 [45.01], Code of Criminal
41-9 Procedure.
41-10 SECTION 71. Articles 44.13, 45.01, 45.02, 45.05, 45.07,
41-11 45.08, 45.09, 45.12, 45.16, 45.19, 45.22, 45.23, 45.26, 45.27,
41-12 45.32, and 45.49, Code of Criminal Procedure, are repealed.
41-13 SECTION 72. This Act takes effect September 1, 1999.
41-14 SECTION 73. (a) The changes in law made by this Act apply
41-15 to every act, proceeding, or event covered by a law amended by this
41-16 Act that occurs on or after the effective date of this Act, without
41-17 regard to whether the offense to which the act, proceeding, or
41-18 event applies occurred before, on, or after the effective date of
41-19 this Act, except as provided by Subsections (b) and (c) of this
41-20 section.
41-21 (b) In a proceeding related to the prosecution of an offense
41-22 that occurs or is alleged to have occurred before the effective
41-23 date of this Act, the accused may elect to have the proceeding
41-24 governed by any provision of Chapter 45, Code of Criminal
41-25 Procedure, as that provision would have applied to the offense in
41-26 the absence of the changes made by this Act, and that prior law is
42-1 continued in effect for that purpose.
42-2 (c) The change in law made by Section 46 of this Act to
42-3 Article 45.522, Code of Criminal Procedure, redesignated by this
42-4 Act as Article 45.050, Code of Criminal Procedure, and the change
42-5 in law made by Section 62 of this Act to Section 52.027, Family
42-6 Code, applies only to an offense committed or, for the purposes of
42-7 Title 3, Family Code, to conduct that occurs on or after the
42-8 effective date of this Act. An offense committed before the
42-9 effective date of this Act is covered by the law in effect when the
42-10 offense was committed, and the former law is continued in effect
42-11 for that purpose. Conduct that occurs before the effective date of
42-12 this Act is covered by the law in effect at the time the conduct
42-13 occurred, and the former law is continued in effect for that
42-14 purpose. For purposes of this subsection, an offense is committed
42-15 on or after the effective date of this Act if every element of the
42-16 offense occurs on or after that date and conduct violating a penal
42-17 law of this state occurs on or after the effective date of this Act
42-18 if every element of the violation occurs on or after that date.
42-19 SECTION 74. The importance of this legislation and the
42-20 crowded condition of the calendars in both houses create an
42-21 emergency and an imperative public necessity that the
42-22 constitutional rule requiring bills to be read on three several
42-23 days in each house be suspended, and this rule is hereby suspended.