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) of this
1-8 article to perform the duties of the office of an attorney for the
1-9 state in a justice or municipal court may be paid a reasonable fee
1-10 for performing 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. Subsection (k), Article 43.09, Code of Criminal
2-15 Procedure, is amended to read as follows:
2-16 (k) A defendant is considered to have discharged $100 [$50]
2-17 of fines or costs for each eight hours of community service
2-18 performed under Subsection (f) of this article.
2-19 SECTION 4. Subsection (a), Article 44.181, Code of Criminal
2-20 Procedure, is amended to read as follows:
2-21 (a) A court conducting a trial de novo based on an appeal
2-22 from a justice or municipal court may [not] dismiss the case
2-23 because of a defect in the complaint only if the defendant objected
2-24 to the defect before the trial began in the justice or municipal
2-25 court.
2-26 SECTION 5. The heading to Chapter 45, Code of Criminal
3-1 Procedure, is amended to read as follows:
3-2 CHAPTER FORTY-FIVE. JUSTICE AND MUNICIPAL [CORPORATION] COURTS
3-3 SECTION 6. Chapter 45, Code of Criminal Procedure, is
3-4 amended by adding a new Subchapter A to read as follows:
3-5 SUBCHAPTER A. GENERAL PROVISIONS
3-6 Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this
3-7 chapter is to establish procedures for processing cases that come
3-8 within the criminal jurisdiction of the justice courts and
3-9 municipal courts. This chapter is intended and shall be construed
3-10 to achieve the following objectives:
3-11 (1) to provide fair notice to a person appearing in a
3-12 criminal proceeding before a justice or municipal court and a
3-13 meaningful opportunity for that person to be heard;
3-14 (2) to ensure appropriate dignity in court procedure
3-15 without undue formalism;
3-16 (3) to promote adherence to rules with sufficient
3-17 flexibility to serve the ends of justice; and
3-18 (4) to process cases without unnecessary expense or
3-19 delay.
3-20 Art. 45.002. APPLICATION OF CHAPTER. Criminal proceedings
3-21 in the justice and municipal courts shall be conducted in
3-22 accordance with this chapter, including any other rules of
3-23 procedure specifically made applicable to those proceedings by this
3-24 chapter. If this chapter does not provide a rule of procedure
3-25 governing any aspect of a case, the justice or judge shall apply
3-26 the other general provisions of this code to the extent necessary
4-1 to achieve the objectives of this chapter.
4-2 Art. 45.003. DEFINITION FOR CERTAIN PROSECUTIONS. For
4-3 purposes of dismissing a charge under Section 502.407 or 548.605,
4-4 Transportation Code, "day" does not include Saturday, Sunday, or a
4-5 legal holiday.
4-6 SECTION 7. The articles of Chapter 45, Code of Criminal
4-7 Procedure, added or redesignated by this Act as Articles 45.011
4-8 through 45.053, Code of Criminal Procedure, are designated as
4-9 Subchapter B of Chapter 45, Code of Criminal Procedure, and a
4-10 heading is added to that subchapter to read as follows:
4-11 SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS
4-12 SECTION 8. Article 45.38, Code of Criminal Procedure, is
4-13 redesignated as Article 45.011 and amended to read as follows:
4-14 Art. 45.011 [45.38]. RULES OF EVIDENCE. The rules of
4-15 evidence that [which] govern the trials of criminal actions in the
4-16 district court [shall] apply to a criminal proceeding [such
4-17 actions] in a justice or municipal court [courts].
4-18 SECTION 9. Article 45.021, Code of Criminal Procedure, is
4-19 redesignated as Article 45.012 and amended to read as follows:
4-20 Art. 45.012 [45.021]. ELECTRONICALLY CREATED RECORDS. (a)
4-21 Notwithstanding any other provision of law, a document that is
4-22 issued or maintained by a justice or municipal court or a notice or
4-23 a citation issued by a law enforcement officer may be created by
4-24 electronic means, including optical imaging, optical disk, or other
4-25 electronic reproduction technique that does not permit changes,
4-26 additions, or deletions to the originally created document.
5-1 (b) The court may use electronic means to:
5-2 (1) produce a document required by law to be written;
5-3 [or]
5-4 (2) record an instrument, paper, or notice that is
5-5 permitted or required by law to be recorded or filed; or
5-6 (3) maintain a docket.
5-7 (c) The court shall maintain original documents as provided
5-8 by law.
5-9 (d) An electronically recorded judgment has the same force
5-10 and effect as a written signed judgment.
5-11 (e) A record created by electronic means is an original
5-12 record or a certification of the original record.
5-13 (f) [(e)] A printed copy of an optical image of the original
5-14 record printed from an optical disk system is an accurate copy of
5-15 the original record.
5-16 (g) A justice or municipal court shall have a court seal,
5-17 the impression of which must be attached to all papers issued out
5-18 of the court except subpoenas, and which must be used to
5-19 authenticate the official acts of the clerk and of the recorder. A
5-20 court seal may be created by electronic means, including optical
5-21 imaging, optical disk, or other electronic reproduction technique
5-22 that does not permit changes, additions, or deletions to an
5-23 original document created by the same type of system.
5-24 SECTION 10. Subchapter B, Chapter 45, Code of Criminal
5-25 Procedure, as designated by this Act, is amended by adding Article
5-26 45.013 to read as follows:
6-1 Art. 45.013. FILING WITH CLERK BY MAIL.
6-2 (a) Notwithstanding any other law, for the purposes of this
6-3 chapter a document is considered timely filed with the clerk of a
6-4 court if:
6-5 (1) the document is deposited with the United States
6-6 Postal Service in a first class postage prepaid envelope properly
6-7 addressed to the clerk on or before the date the document is
6-8 required to be filed with the clerk; and
6-9 (2) the clerk receives the document not later than the
6-10 10th day after the date the document is required to be filed with
6-11 the clerk.
6-12 (b) A legible postmark affixed by the United States Postal
6-13 Service is prima facie evidence of the date the document is
6-14 deposited with the United States Postal Service.
6-15 (c) In this article, "day" does not include Saturday,
6-16 Sunday, or a legal holiday.
6-17 SECTION 11. Article 45.18, Code of Criminal Procedure, is
6-18 redesignated as Article 45.014 and amended to read as follows:
6-19 Art. 45.014 [45.18]. WARRANT OF ARREST [SHALL ISSUE].
6-20 (a) When a sworn complaint or affidavit based on probable cause
6-21 has been filed before the justice or municipal court [the
6-22 requirements of the preceding Article have been complied with], the
6-23 justice or judge may [shall] issue a warrant for the arrest of the
6-24 accused and deliver the same to the proper officer to be executed.
6-25 (b) The warrant is sufficient if:
6-26 (1) it is issued in the name of "The State of Texas";
7-1 (2) it is directed to the proper peace officer or some
7-2 other person specifically named in the warrant;
7-3 (3) it includes a command that the body of the accused
7-4 be taken, and brought before the authority issuing the warrant, at
7-5 the time and place stated in the warrant;
7-6 (4) it states the name of the person whose arrest is
7-7 ordered, if known, or if not known, it describes the person as in
7-8 the complaint;
7-9 (5) it states that the person is accused of some
7-10 offense against the laws of this state, naming the offense; and
7-11 (6) it is signed by the justice or judge, naming the
7-12 office of the justice or judge in the body of the warrant or in
7-13 connection with the signature of the justice or judge.
7-14 (c) Chapter 15 applies to a warrant of arrest issued under
7-15 this article, except as inconsistent or in conflict with this
7-16 chapter.
7-17 SECTION 12. Article 45.43, Code of Criminal Procedure, is
7-18 redesignated as Article 45.015 and amended to read as follows:
7-19 Art. 45.015 [45.43]. DEFENDANT PLACED IN JAIL. Whenever, by
7-20 the provisions of this title, the peace officer is authorized to
7-21 retain a defendant in custody, the peace officer [he] may place the
7-22 defendant [him] in jail in accordance with this code or other law
7-23 [or any other place where he can be safely kept].
7-24 SECTION 13. Article 45.41, Code of Criminal Procedure, is
7-25 redesignated as Article 45.016 and amended to read as follows:
7-26 Art. 45.016 [45.41]. [DEFENDANT TO GIVE] BAIL. The [In case
8-1 of adjournment, the] justice or judge may [shall] require the
8-2 defendant to give bail to secure the defendant's [for his]
8-3 appearance in accordance with this code. If the defendant [he]
8-4 fails to give bail, the defendant [he] may be held in custody.
8-5 SECTION 14. Article 45.13, Code of Criminal Procedure, is
8-6 redesignated as Article 45.017 and amended to read as follows:
8-7 Art. 45.017 [45.13]. CRIMINAL DOCKET. (a) The justice or
8-8 judge of each court, or, if directed by the justice or judge, the
8-9 clerk of the court, [Each justice of the peace and each municipal
8-10 court judge] shall keep a docket containing the following
8-11 information [in which he shall enter the proceedings in each trial
8-12 had before him, which docket shall show]:
8-13 (1) the [1. The] style and file number of each
8-14 criminal [the] action;
8-15 (2) the [2. The] nature of the offense charged;
8-16 (3) the plea offered by the defendant and the date the
8-17 plea was entered;
8-18 (4) the [3. The] date the warrant, if any, was issued
8-19 and the return made thereon;
8-20 (5) the date [4. The time when] the examination or
8-21 trial was held [had], and if a trial was held, whether it was by a
8-22 jury or by the justice or judge [himself];
8-23 (6) the [5. The] verdict of the jury, if any, and the
8-24 date of the verdict;
8-25 (7) the [6. The] judgment and sentence of the court,
8-26 and the date each was given;
9-1 (8) the motion [7. Motion] for new trial, if any, and
9-2 the decision thereon; and
9-3 (9) whether [8. If] an appeal was taken and the date
9-4 of that action[; and]
9-5 [9. The time when, and the manner in which, the judgment and
9-6 sentence was enforced].
9-7 (b) The information in the docket may be processed and
9-8 stored by the use of electronic data processing equipment, at the
9-9 discretion of the justice of the peace or the municipal court
9-10 judge.
9-11 SECTION 15. Subchapter B, Chapter 45, Code of Criminal
9-12 Procedure, as designated by this Act, is amended by adding Article
9-13 45.018 to read as follows:
9-14 Art. 45.018. COMPLAINT. (a) For purposes of this chapter,
9-15 a complaint is a sworn allegation charging the accused with the
9-16 commission of an offense.
9-17 (b) A defendant is entitled to notice of a complaint against
9-18 the defendant not later than the day before the date of any
9-19 proceeding in the prosecution of the defendant under the complaint.
9-20 The defendant may waive the right to notice granted by this
9-21 subsection.
9-22 SECTION 16. Article 45.17, Code of Criminal Procedure, is
9-23 redesignated as Article 45.019 and amended to read as follows:
9-24 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
9-25 STATE]. (a) A [Such] complaint is sufficient, without regard to
9-26 its form, if it substantially satisfies the following requisites
10-1 [shall state]:
10-2 (1) it must be in writing;
10-3 (2) it must commence "In the name and by the authority
10-4 of the State of Texas";
10-5 (3) it must state the [1. The] name of the accused,
10-6 if known, or [and] if unknown, must include a reasonably definite
10-7 description of the accused [shall describe him as accurately as
10-8 practicable];
10-9 (4) it must show that the accused has committed an
10-10 offense against the law of this state, or state that the affiant
10-11 has good reason to believe and does believe that the accused has
10-12 committed an offense against the law of this state [2. The offense
10-13 with which he is charged, in plain and intelligible words];
10-14 (5) it must state the date the offense was committed
10-15 as definitely as the affiant is able to provide;
10-16 (6) it must bear the signature or mark of the affiant;
10-17 and
10-18 (7) it must conclude with the words "Against the peace
10-19 and dignity of the State" and, if the offense charged is an offense
10-20 only under a municipal ordinance, it may also conclude with the
10-21 words "Contrary to the said ordinance".
10-22 (b) A complaint filed in justice court must allege that
10-23 [3. That] the offense was committed in the county in which the
10-24 complaint is made[; and]
10-25 [4. It must show, from the date of the offense stated
10-26 therein, that the offense is not barred by limitation].
11-1 (c) A complaint filed in municipal court must allege that
11-2 the offense was committed in the territorial limits of the
11-3 municipality in which the complaint is made.
11-4 (d) A complaint may be sworn to before any officer
11-5 authorized to administer oaths.
11-6 (e) A complaint in municipal court may be sworn to before:
11-7 (1) the municipal judge;
11-8 (2) the clerk of the court or a deputy clerk;
11-9 (3) the city secretary; or
11-10 (4) the city attorney or a deputy city attorney.
11-11 (f) If the defendant does not object to a defect, error, or
11-12 irregularity of form or substance in a charging instrument before
11-13 the date on which the trial on the merits commences, the defendant
11-14 waives and forfeits the right to object to the defect, error, or
11-15 irregularity. Nothing in this article prohibits a trial court from
11-16 requiring that an objection to a charging instrument be made at an
11-17 earlier time.
11-18 SECTION 17. Article 45.37, Code of Criminal Procedure, is
11-19 redesignated as Article 45.020 and amended to read as follows:
11-20 Art. 45.020 [45.37]. APPEARANCE [MAY APPEAR] BY COUNSEL.
11-21 (a) The defendant has a right to appear by counsel as in all other
11-22 cases.
11-23 (b) Not more than one counsel shall conduct either the
11-24 prosecution or defense. State's counsel may open and conclude the
11-25 argument.
11-26 SECTION 18. Article 45.33, Code of Criminal Procedure, is
12-1 redesignated as Article 45.021 and amended to read as follows:
12-2 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
12-3 pleading of the defendant in justice or municipal court may be oral
12-4 or in writing as the court [defendant] may direct [elect]. [The
12-5 justice shall note upon his docket the plea offered.]
12-6 SECTION 19. Article 45.331, Code of Criminal Procedure, is
12-7 redesignated as Article 45.0215 and amended to read as follows:
12-8 Art. 45.0215 [45.331]. PLEA BY MINOR AND APPEARANCE OF
12-9 PARENT. (a) If a defendant is younger than 17 years of age and
12-10 has not had the disabilities of minority removed, the judge or
12-11 justice [court]:
12-12 (1) must take the defendant's plea in open court; and
12-13 (2) shall issue a summons to compel the defendant's
12-14 parent, guardian, or managing conservator to be present during:
12-15 (A) the taking of the defendant's plea; and
12-16 (B) all other proceedings relating to the case.
12-17 (b) If the court is unable to secure the appearance of the
12-18 defendant's parent, guardian, or managing conservator by issuance
12-19 of a summons, the court may, without the defendant's parent,
12-20 guardian, or managing conservator present, take the defendant's
12-21 plea and proceed against the defendant.
12-22 (c) If the defendant resides in a county other than the
12-23 county in which the alleged offense occurred, the defendant may,
12-24 with leave of the judge of the court of original jurisdiction
12-25 [court], enter the plea, including a plea under Article 45.052
12-26 [45.55], before a judge [justice] in the county in which the
13-1 defendant resides.
13-2 SECTION 20. Article 45.34, Code of Criminal Procedure, is
13-3 redesignated as Article 45.022 and amended to read as follows:
13-4 Art. 45.022 [45.34]. PLEA OF GUILTY OR NOLO CONTENDERE.
13-5 Proof as to the offense may be heard upon a plea of guilty or [and]
13-6 a plea of nolo contendere and the punishment assessed by the court
13-7 [or jury].
13-8 SECTION 21. Article 45.31, Code of Criminal Procedure, is
13-9 redesignated as Article 45.023 and amended to read as follows:
13-10 Art. 45.023 [45.31]. DEFENDANT'S PLEA [DEFENDANT SHALL
13-11 PLEAD]. After the jury is impaneled, or after the defendant has
13-12 waived trial by jury, the defendant may:
13-13 (1) plead guilty or not guilty;
13-14 (2) [or may] enter a plea of nolo contendere;[,] or
13-15 (3) enter the special plea of double jeopardy as
13-16 described by Article 27.05 [named in the succeeding Article].
13-17 SECTION 22. Article 45.35, Code of Criminal Procedure, is
13-18 redesignated as Article 45.024 and amended to read as follows:
13-19 Art. 45.024 [45.35]. DEFENDANT'S REFUSAL [IF DEFENDANT
13-20 REFUSES] TO PLEAD. The justice or judge shall enter a plea of not
13-21 guilty if the defendant refuses to plead.
13-22 SECTION 23. Article 45.24, Code of Criminal Procedure, is
13-23 redesignated as Article 45.025 and amended to read as follows:
13-24 Art. 45.025 [45.24]. DEFENDANT MAY WAIVE JURY. The accused
13-25 may waive a trial by jury in writing. If the defendant waives a
13-26 trial by jury[; and in such case], the justice or judge shall hear
14-1 and determine the cause without a jury.
14-2 SECTION 24. Article 45.251, Code of Criminal Procedure, is
14-3 redesignated as Article 45.026 and amended to read as follows:
14-4 Art. 45.026 [45.251]. [DEMAND FOR] JURY TRIAL [IN JUSTICE
14-5 COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR. (a) A justice or
14-6 municipal court may order a party who does not waive [demands] a
14-7 jury trial in a justice or municipal court and who fails to appear
14-8 for the trial to pay the costs incurred for impaneling the jury.
14-9 (b) The justice or municipal court may release a party from
14-10 the obligation to pay costs under this section for good cause.
14-11 (c) An order issued by a justice or municipal court under
14-12 this section may be enforced by contempt as prescribed by Section
14-13 21.002(c), Government Code.
14-14 SECTION 25. Article 45.25, Code of Criminal Procedure, is
14-15 redesignated as Article 45.027 and amended to read as follows:
14-16 Art. 45.027 [45.25]. JURY SUMMONED. (a) If the accused
14-17 does not waive a trial by jury, the justice or judge shall issue a
14-18 writ commanding the proper officer to summon [forthwith] a venire
14-19 from which six qualified persons shall be selected to serve as
14-20 jurors in the case.
14-21 (b) The [Said] jurors when so summoned shall remain in
14-22 attendance as jurors in all cases that may come up for hearing
14-23 until discharged by the court.
14-24 (c) Any person so summoned who fails to attend may be fined
14-25 an amount not to exceed [exceeding] $100 for contempt.
14-26 SECTION 26. Article 45.29, Code of Criminal Procedure, is
15-1 redesignated as Article 45.028 and amended to read as follows:
15-2 Art. 45.028 [45.29]. OTHER JURORS SUMMONED. If, from
15-3 challenges or any other cause, a sufficient number of jurors are
15-4 not in attendance, the justice or judge shall order the proper
15-5 officer to summon a sufficient number of qualified persons to form
15-6 the jury.
15-7 SECTION 27. Article 45.28, Code of Criminal Procedure, is
15-8 redesignated as Article 45.029 and amended to read as follows:
15-9 Art. 45.029 [45.28]. PEREMPTORY CHALLENGES [CHALLENGE OF
15-10 JURORS]. In all jury trials in a [the] justice or municipal court,
15-11 the state [State] and each defendant in the case is [shall be]
15-12 entitled to three peremptory challenges[, and also to any number of
15-13 challenges for cause, which cause shall be judged of by the
15-14 justice].
15-15 SECTION 28. Article 45.30, Code of Criminal Procedure, is
15-16 redesignated as Article 45.030 and amended to read as follows:
15-17 Art. 45.030 [45.30]. FORMATION OF [OATH TO] JURY. The
15-18 justice or judge shall form the jury and administer the appropriate
15-19 [following] oath in accordance with Chapter 35 [to the jury: "Each
15-20 of you do solemnly swear that you will well and truly try the cause
15-21 about to be submitted to you and a true verdict render therein,
15-22 according to the law and the evidence, so help you God"].
15-23 SECTION 29. Article 45.36, Code of Criminal Procedure, is
15-24 redesignated as Article 45.031 and amended to read as follows:
15-25 Art. 45.031 [45.36]. COUNSEL FOR STATE NOT PRESENT
15-26 [WITNESSES EXAMINED BY WHOM]. If [The justice shall examine the
16-1 witnesses if] the state [State] is not represented by counsel when
16-2 the case is called for trial, the justice or judge may:
16-3 (1) postpone the trial to a date certain;
16-4 (2) appoint an attorney pro tem as provided by this
16-5 code to represent the state; or
16-6 (3) proceed to trial.
16-7 SECTION 30. Article 45.031, Code of Criminal Procedure, is
16-8 redesignated as Article 45.032 and amended to read as follows:
16-9 Art. 45.032 [45.031]. DIRECTED VERDICT. If, upon the trial
16-10 of a case in a justice or municipal [corporation] court, [there is
16-11 a material variance between the allegations in the complaint and
16-12 the proof offered by the state, or] the state fails [has failed] to
16-13 prove a prima facie case of the offense alleged in the complaint,
16-14 the defendant is entitled to a directed verdict of "not guilty."
16-15 [guilty" as in any other criminal case.]
16-16 SECTION 31. Subchapter B, Chapter 45, Code of Criminal
16-17 Procedure, as designated by this Act, is amended by adding Article
16-18 45.033 to read as follows:
16-19 Art. 45.033. JURY CHARGE. The judge shall charge the jury.
16-20 The charge may be made orally or in writing, except that the charge
16-21 shall be made in writing if required by law.
16-22 SECTION 32. Article 45.39, Code of Criminal Procedure, is
16-23 redesignated as Article 45.034 and amended to read as follows:
16-24 Art. 45.034 [45.39]. JURY KEPT TOGETHER. The jury shall
16-25 retire in charge of an officer when the cause is submitted to them,
16-26 and be kept together until they agree to a verdict, [or] are
17-1 discharged, or the court recesses.
17-2 SECTION 33. Article 45.40, Code of Criminal Procedure, is
17-3 redesignated as Article 45.035 and amended to read as follows:
17-4 Art. 45.035 [45.40]. MISTRIAL. A jury shall be discharged
17-5 if it fails to agree to a verdict after being kept together a
17-6 reasonable time. If a jury is discharged because it fails to agree
17-7 to a verdict, [there be time left on the same day, another jury may
17-8 be impaneled to try the cause, or] the justice or judge may
17-9 [adjourn for not more than 30 days and again] impanel another [a]
17-10 jury as soon as practicable to try such cause.
17-11 SECTION 34. Article 45.42, Code of Criminal Procedure, is
17-12 redesignated as Article 45.036 and amended to read as follows:
17-13 Art. 45.036 [45.42]. VERDICT. (a) When the jury has agreed
17-14 on [upon] a verdict, the jury [it] shall bring the verdict [same]
17-15 into court.
17-16 (b) The [; and the] justice or judge shall see that the
17-17 verdict [it] is in proper form and shall [enter it upon his docket
17-18 and] render the proper judgment and sentence on the verdict
17-19 [thereon].
17-20 SECTION 35. Article 45.45, Code of Criminal Procedure, is
17-21 redesignated as Article 45.037 and amended to read as follows:
17-22 Art. 45.037 [45.45]. MOTION FOR NEW TRIAL. A motion [An
17-23 application] for a new trial must be made within one day after the
17-24 rendition of judgment and sentence, and not afterward [; and the
17-25 execution of the judgment and sentence shall not be stayed until a
17-26 new trial has been granted].
18-1 SECTION 36. Article 45.44, Code of Criminal Procedure, is
18-2 redesignated as Article 45.038 and amended to read as follows:
18-3 Art. 45.038 [45.44]. NEW TRIAL GRANTED. (a) Not later than
18-4 the 10th day after the date that the judgment is entered, a [A]
18-5 justice or judge may, for good cause shown, grant the defendant a
18-6 new trial, whenever the justice or judge [he] considers that
18-7 justice has not been done the defendant in the trial of the [such]
18-8 case.
18-9 (b) If a motion for a new trial is not granted before the
18-10 11th day after the date that the judgment is entered, the motion
18-11 shall be considered denied.
18-12 SECTION 37. Article 45.46, Code of Criminal Procedure, is
18-13 redesignated as Article 45.039 and amended to read as follows:
18-14 Art. 45.039 [45.46]. ONLY ONE NEW TRIAL GRANTED. Not more
18-15 than one new trial shall be granted the defendant in the same case.
18-16 When a new trial has been granted, the justice or judge shall
18-17 proceed, as soon as practicable, to try the case again.
18-18 SECTION 38. Article 45.47, Code of Criminal Procedure, is
18-19 redesignated as Article 45.040 and amended to read as follows:
18-20 Art. 45.040 [45.47]. STATE NOT ENTITLED TO NEW TRIAL. In no
18-21 case shall the state [State] be entitled to a new trial.
18-22 SECTION 39. Article 45.50, Code of Criminal Procedure, is
18-23 redesignated as Article 45.041 and amended to read as follows:
18-24 Art. 45.041 [45.50]. [THE] JUDGMENT. (a) The judgment and
18-25 sentence, in case of conviction in a criminal action before a
18-26 justice of the peace or municipal court judge, shall be that the
19-1 defendant pay the amount of the fine and costs to the state.
19-2 (b) The justice or judge may direct the defendant:
19-3 (1) to pay:
19-4 (A) the entire fine and costs when sentence is
19-5 pronounced; [or]
19-6 (B) [(2) to pay] the entire fine and costs at
19-7 some later date; or
19-8 (C) [(3) to pay] a specified portion of the
19-9 fine and costs at designated intervals;
19-10 (2) if applicable, to make restitution to any victim
19-11 of the offense in an amount not to exceed $500; and
19-12 (3) to satisfy any other sanction authorized by law.
19-13 (c) The justice or judge shall credit the defendant for time
19-14 served in jail as provided by Article 42.03. The credit shall be
19-15 applied to the amount of the fine and costs at the rate provided by
19-16 Article 45.048.
19-17 (d) All judgments, sentences, and final orders of the
19-18 justice or judge shall be rendered in open court.
19-19 SECTION 40. Article 45.10, Code of Criminal Procedure, is
19-20 redesignated as Article 45.042 and amended to read as follows:
19-21 Art. 45.042 [45.10]. APPEAL. (a) Appeals from a justice or
19-22 municipal court, including appeals from final judgments in bond
19-23 forfeiture proceedings, shall be heard by the county court except
19-24 in cases where the county court has no jurisdiction, in which
19-25 counties such appeals shall be heard by the proper court.
19-26 (b) Unless the appeal is taken from a municipal court of
20-1 record and the appeal is based on error reflected in the record,
20-2 the trial shall be de novo [in the proper court. Said appeals
20-3 shall be governed by the rules of practice and procedure for
20-4 appeals from justice courts to the county court, as far as
20-5 applicable].
20-6 (c) In an appeal from the judgment and sentence of a justice
20-7 or municipal court, if the defendant is in custody, the defendant
20-8 is to be committed to jail unless the defendant gives bail.
20-9 SECTION 41. Subchapter B, Chapter 45, Code of Criminal
20-10 Procedure, as designated by this Act, is amended by adding Article
20-11 45.0425 to read as follows:
20-12 Art. 45.0425. APPEAL BOND. (a) If the court from whose
20-13 judgment and sentence the appeal is taken is in session, the court
20-14 must approve the bail. The amount of a bail bond may not be less
20-15 than two times the amount of the fine and costs adjudged against
20-16 the defendant, payable to the State of Texas. The bail may not in
20-17 any case be for a sum less than $50. If the appeal bond otherwise
20-18 meets the requirements of this code, the court without requiring a
20-19 court appearance by the defendant shall approve the appeal bond in
20-20 the amount the court under Article 27.14(b) notified the defendant
20-21 would be approved.
20-22 (b) An appeal bond shall recite that in the cause the
20-23 defendant was convicted and has appealed and be conditioned that
20-24 the defendant shall make the defendant's personal appearance before
20-25 the court to which the appeal is taken instanter, if the court is
20-26 in session, or, if the court is not in session, at its next regular
21-1 term, stating the time and place of that session, and there remain
21-2 from day to day and term to term, and answer in the cause in the
21-3 court.
21-4 SECTION 42. Article 44.14, Code of Criminal Procedure, is
21-5 redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code
21-6 of Criminal Procedure, as designated by this Act, and amended to
21-7 read as follows:
21-8 Art. 45.0426 [44.14]. FILING BOND PERFECTS APPEAL.
21-9 (a) When [In appeals from justice and municipal courts, when] the
21-10 appeal bond [provided for in the preceding Article] has been filed
21-11 with the justice or judge who tried the case not later than the
21-12 10th day after the date the judgment was entered, the appeal in
21-13 such case shall be held to be perfected.
21-14 (b) If an appeal bond is not timely filed, the appellate
21-15 [appeal] court does not have jurisdiction over the case and shall
21-16 remand the case to the justice or municipal court for execution of
21-17 the sentence.
21-18 (c) An [No] appeal may not [shall] be dismissed because the
21-19 defendant failed to give notice of appeal in open court. An appeal
21-20 by the defendant or the state may not be dismissed on account of
21-21 any defect in the transcript.
21-22 SECTION 43. Article 45.48, Code of Criminal Procedure, is
21-23 redesignated as Article 45.043 and amended to read as follows:
21-24 Art. 45.043 [45.48]. EFFECT OF APPEAL. When a defendant
21-25 files the appeal bond required by law with the justice or municipal
21-26 court, all further proceedings [proceeding] in the case in the
22-1 justice or municipal court shall cease.
22-2 SECTION 44. Article 45.231, Code of Criminal Procedure, is
22-3 redesignated as Article 45.044 and amended to read as follows:
22-4 Art. 45.044 [45.231]. FORFEITURE OF CASH BOND IN
22-5 SATISFACTION OF FINE. (a) A justice or judge may enter a judgment
22-6 of conviction and forfeit a cash bond posted by the defendant in
22-7 satisfaction of the defendant's fine and cost if the defendant:
22-8 (1) has entered a written and signed plea of nolo
22-9 contendere and a waiver of jury trial; and
22-10 (2) fails to appear according to the terms of the
22-11 defendant's release.
22-12 (b) A justice or judge who enters a judgment of conviction
22-13 and forfeiture under Subsection (a) of this article shall
22-14 immediately notify the defendant in writing, by regular mail
22-15 addressed to the defendant at the defendant's last known address,
22-16 that:
22-17 (1) a judgment of conviction and forfeiture of bond
22-18 was entered against the defendant on a date certain and the
22-19 forfeiture satisfies the defendant's fine and costs in the case;
22-20 and
22-21 (2) the defendant has a right to a new trial in the
22-22 case if the defendant applies for the new trial not later than the
22-23 10th day after the date of judgment and forfeiture.
22-24 (c) Notwithstanding Article 45.037 [45.45] of this code, the
22-25 defendant may file a motion [apply] for a new trial within the
22-26 period provided by Subsection (b) of this article, and the court
23-1 shall grant the motion [application] if the motion [application] is
23-2 made within that [the] period. On the new trial, the court shall
23-3 permit the defendant to withdraw the previously entered plea of
23-4 nolo contendere and waiver of jury trial.
23-5 SECTION 45. Article 45.51, Code of Criminal Procedure, is
23-6 redesignated as Article 45.045 and amended to read as follows:
23-7 Art. 45.045 [45.51]. CAPIAS PRO FINE. [(a)] If the
23-8 defendant is not in custody when the judgment is rendered or if the
23-9 defendant fails to satisfy the judgment according to its terms, the
23-10 court may order a capias pro fine issued for the defendant's [his]
23-11 arrest. The capias pro fine shall state the amount of the judgment
23-12 and sentence, and command the appropriate peace officer [sheriff]
23-13 to bring the defendant before the court or place the defendant
23-14 [him] in jail until the defendant [he] can be brought before the
23-15 court.
23-16 [(b) If the defendant escapes from custody after judgment is
23-17 rendered, a capias shall issue for his arrest and confinement until
23-18 he is legally discharged.]
23-19 SECTION 46. Article 45.52, Code of Criminal Procedure, is
23-20 redesignated as Article 45.046 and amended to read as follows:
23-21 Art. 45.046 [45.52]. COMMITMENT [COLLECTION OF FINES].
23-22 (a) When a judgment and sentence have been entered [rendered]
23-23 against a defendant [for a fine and costs] and the defendant [he]
23-24 defaults in the discharge of the judgment [payment], the judge
23-25 [justice] may order the defendant confined [him imprisoned] in jail
23-26 until discharged by law if the judge determines that:
24-1 (1) the defendant intentionally failed to make a good
24-2 faith effort to discharge the judgment; or
24-3 (2) the defendant is not indigent.
24-4 (b) A certified copy of the judgment, sentence, and order is
24-5 sufficient to authorize such confinement [imprisonment].
24-6 [(b) The justice may order the fine and costs collected by
24-7 execution against the defendant's property in the same manner as a
24-8 judgment in a civil suit.]
24-9 SECTION 47. Subchapter B, Chapter 45, Code of Criminal
24-10 Procedure, as designated by this Act, is amended by adding Article
24-11 45.047 to read as follows:
24-12 Art. 45.047. CIVIL COLLECTION OF FINES AFTER JUDGMENT. If
24-13 after a judgment and sentence is entered the defendant defaults in
24-14 payment of a fine, the justice or judge may order the fine and
24-15 costs collected by execution against the defendant's property in
24-16 the same manner as a judgment in a civil suit.
24-17 SECTION 48. Article 45.53, Code of Criminal Procedure, is
24-18 redesignated as Article 45.048 and amended to read as follows:
24-19 Art. 45.048 [45.53]. DISCHARGED FROM JAIL. A defendant
24-20 placed in jail on account of failure to pay the fine and costs
24-21 shall [can] be discharged on habeas corpus by showing that the
24-22 defendant:
24-23 (1) [1. That he] is too poor to pay the fine and
24-24 costs; or [and]
24-25 (2) [2. That he] has remained in jail a sufficient
24-26 length of time to satisfy the fine and costs, at the rate of not
25-1 less than $100 [$15] for each day or part of a day of jail time
25-2 served.
25-3 SECTION 49. Articles 45.521 and 45.522, Code of Criminal
25-4 Procedure, are redesignated as Articles 45.049 and 45.050 and
25-5 amended to read as follows:
25-6 Art. 45.049 [45.521]. COMMUNITY SERVICE IN SATISFACTION OF
25-7 FINE OR COSTS. (a) A justice or judge may require a defendant who
25-8 fails to pay a previously assessed fine or costs, or who is
25-9 determined by the court to have insufficient resources or income to
25-10 pay a fine or costs, to discharge all or part of the fine or costs
25-11 by performing community service. A defendant may discharge an
25-12 obligation to perform community service under this article by
25-13 paying at any time the fine and costs assessed.
25-14 (b) In the justice's or judge's order requiring a defendant
25-15 to participate in community service work under this article, the
25-16 justice or judge must specify[:]
25-17 [(1)] the number of hours the defendant is required to
25-18 work[;]
25-19 [(2) the entity or organization for which the
25-20 defendant is required to work; and]
25-21 [(3) the project on which the defendant is required to
25-22 work].
25-23 (c) The justice or judge may order the defendant to perform
25-24 community service work under this article only for a governmental
25-25 entity or a nonprofit organization that provides services to the
25-26 general public that enhance social welfare and the general
26-1 well-being of the community. A governmental entity or nonprofit
26-2 organization that accepts a defendant under this article to perform
26-3 community service must agree to supervise the defendant in the
26-4 performance of the defendant's work and report on the defendant's
26-5 work to the justice or judge who ordered the community service.
26-6 (d) A justice or judge may not order a defendant to perform
26-7 more than 16 hours per week of community service under this article
26-8 unless the justice or judge determines that requiring the defendant
26-9 to work additional hours does not work a hardship on the defendant
26-10 or the defendant's dependents.
26-11 (e) A defendant is considered to have discharged $100 [$50]
26-12 of fines or costs for each eight hours of community service
26-13 performed under this article.
26-14 (f) A sheriff, employee of a sheriff's department, county
26-15 commissioner, county employee, county judge, justice of the peace,
26-16 municipal court judge, or officer or employee of a political
26-17 subdivision other than a county is not liable for damages arising
26-18 from an act or failure to act in connection with manual labor
26-19 performed by a defendant under this article if the act or failure
26-20 to act:
26-21 (1) was performed pursuant to court order; and
26-22 (2) was not intentional, wilfully or wantonly
26-23 negligent, or performed with conscious indifference or reckless
26-24 disregard for the safety of others.
26-25 Art. 45.050 [45.522]. FAILURE TO PAY FINE; CONTEMPT:
26-26 JUVENILES. (a) A justice court or municipal court may not order
27-1 the confinement of a person who is a child for the purposes of
27-2 Title 3, Family Code, for the failure to pay all or any part of a
27-3 fine or costs imposed for the conviction of an offense punishable
27-4 by fine only.
27-5 (b) If a person who is a child under Section 51.02, Family
27-6 Code, [Section 51.03(a)(3), Family Code, and the procedures for the
27-7 adjudication of a child for delinquent conduct apply to a child
27-8 who] fails to obey an order of a justice or municipal court under
27-9 circumstances that would constitute contempt of court, the justice
27-10 or municipal court has jurisdiction to:
27-11 (1) hold the child in contempt of the justice or
27-12 municipal court order as provided by Section 52.027(h), Family
27-13 Code; or
27-14 (2) refer the child to the appropriate juvenile court
27-15 for delinquent conduct for contempt of the justice or municipal
27-16 court order.
27-17 SECTION 50. Article 45.54, Code of Criminal Procedure, is
27-18 redesignated as Article 45.051 and amended to read as follows:
27-19 Art. 45.051 [45.54]. SUSPENSION OF SENTENCE AND DEFERRAL OF
27-20 FINAL DISPOSITION. (a) [(1)] On a plea of guilty or nolo
27-21 contendere by a defendant or on a finding of guilt in a misdemeanor
27-22 case punishable by fine only and payment of all court costs, the
27-23 justice may defer further proceedings without entering an
27-24 adjudication of guilt and place the defendant on probation for a
27-25 period not to exceed 180 days. [This article does not apply to a
27-26 misdemeanor case disposed of by Section 143A, Uniform Act
28-1 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
28-2 Statutes), or a serious traffic violation as defined in Section
28-3 3(26), Texas Commercial Driver's License Act (Article 6687b-2,
28-4 Revised Statutes).]
28-5 [(2) During the deferral period, the justice shall
28-6 require the defendant to successfully complete a Central Education
28-7 Agency-approved driving safety course, if the offense alleged is an
28-8 offense involving the operation of a motor vehicle, other than a
28-9 commercial motor vehicle, as defined in Subdivision (6), Section 3,
28-10 Texas Commercial Driver's License Act (Article 6687b-2, Revised
28-11 Statutes), and the defendant:]
28-12 [(A) has completed an approved driving safety
28-13 course within the preceding 12 months; or]
28-14 [(B) is a first-time offender who elects
28-15 deferred adjudication.]
28-16 (b) [(3)] During the [said] deferral period, the justice may
28-17 require the defendant to:
28-18 (1) [(a)] post a bond in the amount of the fine
28-19 assessed to secure payment of the fine;
28-20 (2) [(b)] pay restitution to the victim of the offense
28-21 in an amount not to exceed the fine assessed;
28-22 (3) [(c)] submit to professional counseling;
28-23 (4) submit to diagnostic testing for alcohol or a
28-24 controlled substance or drug;
28-25 (5) submit to a psychosocial assessment;
28-26 (6) participate in an alcohol or drug abuse treatment
29-1 or education program;
29-2 (7) pay the costs of any diagnostic testing,
29-3 psychosocial assessment, or participation in a treatment or
29-4 education program either directly or through the court as court
29-5 costs; and
29-6 (8) [(d)] comply with any other reasonable condition[;
29-7 and]
29-8 [(e) require the defendant to successfully complete a
29-9 Central Education Agency approved driving safety course, if:]
29-10 [(1) the offense alleged is an offense involving the
29-11 operation of a motor vehicle, other than a commercial motor
29-12 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
29-13 Driver's License Act (Article 6687b-2, Revised Statutes); and]
29-14 [(2) the defendant has not completed an approved
29-15 driving safety course within the preceding 12 months].
29-16 (c) [(4)] At the conclusion of the deferral period, if the
29-17 defendant presents satisfactory evidence that he has complied with
29-18 the requirements imposed, the justice shall dismiss the complaint,
29-19 and it shall be clearly noted in the docket that the complaint is
29-20 dismissed and that there is not a final conviction. Otherwise, the
29-21 justice may proceed with an adjudication of guilt. After an
29-22 adjudication of guilt, the justice may reduce the fine assessed or
29-23 may then impose the fine assessed, less any portion of the assessed
29-24 fine that has been paid. If the complaint is dismissed, a special
29-25 expense not to exceed the amount of the fine assessed may be
29-26 imposed.
30-1 (d) [(5)] If at the conclusion of the deferral period the
30-2 defendant does not present satisfactory evidence that the defendant
30-3 complied with the requirements imposed, the justice may impose the
30-4 fine assessed or impose a lesser fine. The imposition of the fine
30-5 or lesser fine constitutes a final conviction of the defendant.
30-6 (e) [(6)] Records relating to a complaint dismissed as
30-7 provided by this article may be expunged under Article 55.01 of
30-8 this code. If a complaint is dismissed under this article, there
30-9 is not a final conviction and the complaint may not be used against
30-10 the person for any purpose.
30-11 SECTION 51. Subchapter B, Chapter 45, Code of Criminal
30-12 Procedure, as designated by this Act, is amended by adding Article
30-13 45.0511 to read as follows:
30-14 Art. 45.0511. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
30-15 TRAFFIC OFFENSES. (a) This article applies to an alleged offense
30-16 involving the operation of a motor vehicle other than a commercial
30-17 motor vehicle, as defined by Section 522.003, Transportation Code,
30-18 and supplements Article 45.051.
30-19 (b) During the deferral period under Article 45.051, the
30-20 justice:
30-21 (1) shall require the defendant to successfully
30-22 complete a driving safety course approved by the Texas Education
30-23 Agency if the defendant elects deferred disposition and the
30-24 defendant has not completed an approved driving safety course or
30-25 motorcycle operator training course, as appropriate, within the
30-26 preceding 12 months; and
31-1 (2) may require the defendant to successfully complete
31-2 a driving safety course approved by the Texas Education Agency if
31-3 the defendant has completed an approved driving safety course
31-4 within the preceding 12 months.
31-5 (c) Subsection (b)(1) applies only if:
31-6 (1) the person enters a plea in person or in writing
31-7 of no contest or guilty and, before the answer date on the notice
31-8 to appear:
31-9 (A) presents in person to the court an oral or
31-10 written request to take a course; or
31-11 (B) sends to the court by certified mail, return
31-12 receipt requested, postmarked on or before the answer date on the
31-13 notice to appear, a written request to take a course;
31-14 (2) the court enters judgment on the person's plea of
31-15 no contest or guilty at the time the plea is made but defers
31-16 imposition of the judgment for 180 days;
31-17 (3) the person has a Texas driver's license or permit;
31-18 (4) the person is charged with an offense to which
31-19 this article applies, other than speeding 25 miles per hour or more
31-20 over the posted speed limit;
31-21 (5) the person provides evidence of financial
31-22 responsibility as required by Chapter 601, Transportation Code;
31-23 (6) the defendant's driving record as maintained by
31-24 the Texas Department of Public Safety shows the defendant has not
31-25 completed an approved driving safety course or motorcycle operator
31-26 training course, as appropriate, within the 12 months preceding the
32-1 date of the offense; and
32-2 (7) the defendant files an affidavit with the court
32-3 stating that the person is not taking a course under this section
32-4 and has not completed a course that is not shown on the person's
32-5 driving record within the 12 months preceding the date of the
32-6 offense.
32-7 (d) Notwithstanding Subsection (c)(1), on a written motion
32-8 submitted to the court before the final disposition of the case,
32-9 the court may grant a request to take a driving safety course or a
32-10 motorcycle operator training course under this article.
32-11 (e) A request to take a driving safety course made at or
32-12 before the time and at the place at which a person is required to
32-13 appear in court is an appearance in compliance with the person's
32-14 promise to appear.
32-15 (f) The court may require a person requesting a driving
32-16 safety course to pay a fee set by the court at an amount of not
32-17 more than $10, including any other fee authorized by statute or
32-18 municipal ordinance, to cover the cost of administering this
32-19 article.
32-20 (g) A person who requests but does not take a course is not
32-21 entitled to a refund of the fee.
32-22 (h) Fees collected by a municipal court shall be deposited
32-23 in the municipal treasury. Fees collected by another court shall
32-24 be deposited in the county treasury of the county in which the
32-25 court is located.
32-26 (i) If a person requesting a driving safety course fails to
33-1 furnish evidence of the successful completion of the course to the
33-2 court, the court shall:
33-3 (1) notify the person in writing, mailed to the
33-4 address appearing on the notice to appear, of that failure; and
33-5 (2) require the person to appear at the time and place
33-6 stated in the notice to show cause why the evidence was not timely
33-7 submitted to the court.
33-8 (j) A person who fails to appear at the time and place
33-9 stated in the notice commits a misdemeanor punishable as provided
33-10 by Section 543.009, Transportation Code.
33-11 (k) On a person's showing of good cause for failure to
33-12 furnish evidence to the court, the court may allow an extension of
33-13 time during which the person may present a uniform certificate of
33-14 course completion as evidence that the person successfully
33-15 completed the driving safety course.
33-16 (l) When a person complies with Subsection (b) and a uniform
33-17 certificate of course completion is accepted by the court, the
33-18 court shall:
33-19 (1) remove the judgment and dismiss the charge;
33-20 (2) report the fact that the person successfully
33-21 completed a driving safety course and the date of completion to the
33-22 Texas Department of Public Safety for inclusion in the person's
33-23 driving record; and
33-24 (3) state in this report whether the course was taken
33-25 under the procedure provided by this article to provide information
33-26 necessary to determine eligibility to take a subsequent course
34-1 under Subsection (b).
34-2 (m) The court may dismiss only one charge for each
34-3 completion of a course.
34-4 (n) A charge that is dismissed under this article may not be
34-5 part of a person's driving record or used for any purpose.
34-6 (o) An insurer delivering or issuing for delivery a motor
34-7 vehicle insurance policy in this state may not cancel or increase
34-8 the premium charged an insured under the policy because the insured
34-9 completed a driving safety course or had a charge dismissed under
34-10 this article.
34-11 (p) The court shall advise a person charged with a
34-12 misdemeanor under Subtitle C, Title 7, Transportation Code,
34-13 committed while operating a motor vehicle of the person's right
34-14 under this article to successfully complete a driving safety course
34-15 or, if the offense was committed while operating a motorcycle, a
34-16 motorcycle operator training course. The right to complete a
34-17 course does not apply to a person charged with a violation of
34-18 Section 545.066, 545.401, 545.421, 550.022, or 550.023,
34-19 Transportation Code, or serious traffic violation as defined by
34-20 Section 522.003, Transportation Code.
34-21 SECTION 52. Article 45.55, Code of Criminal Procedure, is
34-22 redesignated as Article 45.052 to read as follows:
34-23 Art. 45.052 [45.55]. DISMISSAL OF MISDEMEANOR CHARGE ON
34-24 COMPLETION OF TEEN COURT PROGRAM. (a) A justice or municipal
34-25 court may defer proceedings against a defendant who is under the
34-26 age of 18 or enrolled full time in an accredited secondary school
35-1 in a program leading toward a high school diploma for 90 days if
35-2 the defendant:
35-3 (1) is charged with a misdemeanor punishable by fine
35-4 only or a violation of a penal ordinance of a political
35-5 subdivision, including a traffic offense punishable by fine only;
35-6 (2) pleads nolo contendere or guilty to the offense in
35-7 open court with the defendant's parent, guardian, or managing
35-8 conservator present;
35-9 (3) presents to the court an oral or written request
35-10 to attend a teen court program; and
35-11 (4) has not successfully completed a teen court
35-12 program in the two years preceding the date that the alleged
35-13 offense occurred.
35-14 (b) The teen court program must be approved by the court.
35-15 (c) The justice or municipal court shall dismiss the charge
35-16 at the conclusion of the deferral period if the defendant presents
35-17 satisfactory evidence that the defendant has successfully completed
35-18 the teen court program.
35-19 (d) A charge dismissed under this article may not be part of
35-20 the defendant's criminal record or driving record or used for any
35-21 purpose. However, if the charge was for a traffic offense, the
35-22 court shall report to the Department of Public Safety that the
35-23 defendant successfully completed the teen court program and the
35-24 date of completion for inclusion in the defendant's driving record.
35-25 (e) The justice or municipal court may require a person who
35-26 requests a teen court program to pay a fee not to exceed $10 that
36-1 is set by the court to cover the costs of administering this
36-2 article. Fees collected by a municipal court shall be deposited in
36-3 the municipal treasury. Fees collected by a justice court shall be
36-4 deposited in the county treasury of the county in which the court
36-5 is located. A person who requests a teen court program and fails
36-6 to complete the program is not entitled to a refund of the fee.
36-7 (f) A court may transfer a case in which proceedings have
36-8 been deferred under this section to a court in a contiguous county
36-9 if the court to which the case is transferred consents. A case may
36-10 not be transferred unless it is within the jurisdiction of the
36-11 court to which it is transferred.
36-12 (g) In addition to the fee authorized by Subsection (e) of
36-13 this article, the court may require a child who requests a teen
36-14 court program to pay a $10 fee to cover the cost to the teen court
36-15 for performing its duties under this article. The court shall pay
36-16 the fee to the teen court program, and the teen court program must
36-17 account to the court for the receipt and disbursal of the fee. A
36-18 child who pays a fee under this subsection is not entitled to a
36-19 refund of the fee, regardless of whether the child successfully
36-20 completes the teen court program.
36-21 (h) A justice or municipal court may exempt a defendant for
36-22 whom proceedings are deferred under this article from the
36-23 requirement to pay a court cost or fee that is imposed by another
36-24 statute.
36-25 SECTION 53. Article 45.56, Code of Criminal Procedure, is
36-26 redesignated as Article 45.053 to read as follows:
37-1 Art. 45.053 [45.56]. DISMISSAL OF MISDEMEANOR CHARGE ON
37-2 COMMITMENT OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of
37-3 guilty or nolo contendere by a defendant or on a finding of guilt
37-4 in a misdemeanor case punishable by a fine only, a justice or
37-5 municipal court may defer further proceedings for 90 days without
37-6 entering an adjudication of guilt if:
37-7 (1) the court finds that the offense resulted from or
37-8 was related to the defendant's chemical dependency; and
37-9 (2) an application for court-ordered treatment of the
37-10 defendant is filed in accordance with Chapter 462, Health and
37-11 Safety Code.
37-12 (b) At the end of the deferral period, the justice or
37-13 municipal court shall dismiss the charge if satisfactory evidence
37-14 is presented that the defendant was committed for and completed
37-15 court-ordered treatment in accordance with Chapter 462, Health and
37-16 Safety Code, and it shall be clearly noted in the docket that the
37-17 complaint is dismissed and that there is not a final conviction.
37-18 (c) If at the conclusion of the deferral period satisfactory
37-19 evidence that the defendant was committed for and completed
37-20 court-ordered treatment in accordance with Chapter 462, Health and
37-21 Safety Code, is not presented, the justice or municipal court may
37-22 impose the fine assessed or impose a lesser fine. The imposition
37-23 of a fine constitutes a final conviction of the defendant.
37-24 (d) Records relating to a complaint dismissed under this
37-25 article may be expunged under Article 55.01 of this code. If a
37-26 complaint is dismissed under this article, there is not a final
38-1 conviction and the complaint may not be used against the person for
38-2 any purpose.
38-3 SECTION 54. Article 45.101, as added by this Act, and
38-4 Articles 45.102 and 45.103, as redesignated by this Act, are
38-5 designated as Subchapter C of Chapter 45, Code of Criminal
38-6 Procedure, and a heading is added to that subchapter to read as
38-7 follows:
38-8 SUBCHAPTER C. PROCEDURES IN JUSTICE COURT
38-9 SECTION 55. Subchapter C, Chapter 45, Code of Criminal
38-10 Procedure, as designated by this Act, is amended by adding Article
38-11 45.101 to read as follows:
38-12 Art. 45.101. JUSTICE COURT PROSECUTIONS. (a) All
38-13 prosecutions in a justice court shall be conducted by the county or
38-14 district attorney or a deputy county or district attorney.
38-15 (b) Except as otherwise provided by law, appeals from
38-16 justice court may be prosecuted by the district attorney or a
38-17 deputy district attorney with the consent of the county attorney.
38-18 SECTION 56. Article 45.21, Code of Criminal Procedure, is
38-19 redesignated as Article 45.102 and amended to read as follows:
38-20 Art. 45.102 [45.21]. OFFENSES COMMITTED IN ANOTHER COUNTY.
38-21 Whenever complaint is made before any justice of the peace that a
38-22 felony has been committed in any other than a county in which the
38-23 complaint is made, the [such] justice shall issue a [his] warrant
38-24 for the arrest of the accused, directed as in other cases,
38-25 commanding that the accused be arrested and taken before any
38-26 magistrate of the county where such felony is alleged to have been
39-1 committed, forthwith, for examination as in other cases.
39-2 SECTION 57. Article 45.15, Code of Criminal Procedure, is
39-3 redesignated as Article 45.103 and amended to read as follows:
39-4 Art. 45.103 [45.15]. WARRANT WITHOUT COMPLAINT. If
39-5 [Whenever] a criminal offense that [which] a justice of the peace
39-6 has jurisdiction to try is [shall be] committed within the view of
39-7 the [such] justice, the justice [he] may issue a [his] warrant for
39-8 the arrest of the offender.
39-9 SECTION 58. Articles 45.201, 45.202, and 45.203, as
39-10 redesignated by this Act, are designated as Subchapter D of Chapter
39-11 45, Code of Criminal Procedure, and a heading is added to that
39-12 subchapter to read as follows:
39-13 SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT
39-14 SECTION 59. Article 45.03, Code of Criminal Procedure, is
39-15 redesignated as Article 45.201 and amended to read as follows:
39-16 Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All
39-17 prosecutions in a municipal court shall be conducted by the city
39-18 attorney of the municipality [such city, town or village,] or by a
39-19 [his] deputy city attorney.
39-20 (b) The county attorney of the county in which the
39-21 municipality [said city, town or village] is situated may, if the
39-22 county attorney [he] so desires, also represent the state [State]
39-23 in such prosecutions. In such cases, the [said] county attorney is
39-24 [shall] not [be] entitled to receive any fees or other compensation
39-25 [whatever] for those [said] services.
39-26 (c) [The county attorney shall have no power to dismiss any
40-1 prosecution pending in said court unless for reasons filed and
40-2 approved by the judge.] With the consent of the county attorney,
40-3 appeals from municipal court to a county court, county court at
40-4 law, or any appellate court may be prosecuted by the city attorney
40-5 or a [his] deputy city attorney.
40-6 (d) It is the primary duty of a municipal prosecutor not to
40-7 convict, but to see that justice is done.
40-8 SECTION 60. Article 45.04, Code of Criminal Procedure, is
40-9 redesignated as Article 45.202 and amended to read as follows:
40-10 Art. 45.202 [45.04]. SERVICE OF PROCESS. (a) [Sec. 1.] All
40-11 process issuing out of a municipal [corporation] court may be
40-12 served and shall be served when directed by the court, by a peace
40-13 officer [policeman] or marshal of the municipality [city, town or
40-14 village] within which it is situated, under the same rules as are
40-15 provided by law for the service by sheriffs and constables of
40-16 process issuing out of the justice court, so far as applicable.
40-17 (b) [Sec. 2.] The peace officer [policeman] or marshal may
40-18 serve all process issuing out of a municipal [corporation] court
40-19 anywhere in the county in which the municipality [city, town or
40-20 village] is situated. If the municipality [city, town or village]
40-21 is situated in more than one county, the peace officer [policeman]
40-22 or marshal may serve the process throughout those counties.
40-23 [Sec. 3. A defendant is entitled to at least one day's
40-24 notice of any complaint against him, if such time is demanded.]
40-25 SECTION 61. Article 45.06, Code of Criminal Procedure, is
40-26 redesignated as Article 45.203 and amended to read as follows:
41-1 Art. 45.203 [45.06]. COLLECTION OF FINES, COSTS, AND SPECIAL
41-2 EXPENSES. (a) The governing body of each municipality
41-3 [incorporated city, town or village] shall by ordinance prescribe
41-4 [such] rules, not inconsistent with any law of this state [State],
41-5 as may be proper to enforce the collection of fines imposed by a
41-6 municipal court. In addition to any other method of enforcement,
41-7 the municipality may enforce the collection of fines by:
41-8 (1) [, by] execution against the property of the
41-9 defendant;[,] or
41-10 (2) imprisonment of the defendant.
41-11 (b) The governing body of a municipality may[, the
41-12 collection of all fines imposed by such court, and shall also have
41-13 power to] adopt such rules and regulations, not inconsistent with
41-14 any law of this state, concerning the practice and procedure in the
41-15 municipal [such] court as the [said] governing body may consider
41-16 [deem] proper[, not inconsistent with any law of this State].
41-17 (c) The governing body of each municipality may prescribe by
41-18 ordinance the collection, after due notice, of [All such fines;] a
41-19 special expense, not to exceed $25 for the issuance and service of
41-20 a warrant of arrest for an offense under Section 38.10, Penal Code,
41-21 or Section 543.009, Transportation Code. Money collected from the
41-22 special expense [under Section 149, Uniform Act Regulating Traffic
41-23 on Highways (Article 6701d, Vernon's Texas Civil Statutes); and the
41-24 special expenses described in Article 17.04 dealing with the
41-25 requisites of a personal bond and a special expense for the
41-26 issuance and service of a warrant of arrest, after due notice, not
42-1 to exceed $25,] shall be paid into the municipal [city] treasury
42-2 for the use and benefit of the municipality [city, town or village.
42-3 The governing body of each incorporated city, town or village may
42-4 by ordinance authorize a municipal court to collect a special
42-5 expense for services performed in cases in which the laws of this
42-6 State require that the case be dismissed because of actions by or
42-7 on behalf of the defendant which were subsequent to the date of the
42-8 alleged offense. Such actions are limited to compliance with the
42-9 provisions of Subsection (a), Section 143A, Uniform Act Regulating
42-10 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
42-11 Such special expense shall not exceed the actual expenses incurred
42-12 for the services or $10, whichever is less].
42-13 (d) Costs may not be imposed or collected in criminal cases
42-14 in municipal court by municipal ordinance.
42-15 SECTION 62. Article 42.111, Code of Criminal Procedure, is
42-16 amended to read as follows:
42-17 Art. 42.111. Deferral of proceedings in cases appealed to
42-18 county court. If a defendant convicted of a misdemeanor punishable
42-19 by fine only appeals the conviction to a county court, on the trial
42-20 in county court the defendant may enter a plea of guilty or nolo
42-21 contendere to the offense. If the defendant enters a plea of
42-22 guilty or nolo contendere, the court may defer further proceedings
42-23 without entering an adjudication of guilt in the same manner as
42-24 provided for the deferral of proceedings in justice court or
42-25 municipal court under Article 45.051 [45.54] of this code. This
42-26 article does not apply to a misdemeanor case disposed of under
43-1 Subchapter B, Chapter 543, Transportation Code [by Section 143A,
43-2 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
43-3 Texas Civil Statutes)], or a serious traffic violation as defined
43-4 by Section 522.003, Transportation Code [in Section 3(26), Texas
43-5 Commercial Driver's License Act (Article 6687b-2, Revised
43-6 Statutes)].
43-7 SECTION 63. Subsections (b) and (c), Article 102.002, Code
43-8 of Criminal Procedure, are amended to read as follows:
43-9 (b) The justices of the peace and municipal courts shall
43-10 maintain a record of and the clerks of district and county courts
43-11 and county courts at law shall keep a book and record in the book:
43-12 (1) the number and style of each criminal action
43-13 before the court;
43-14 (2) the name of each witness subpoenaed, attached, or
43-15 recognized to testify in the action; and
43-16 (3) whether the witness was a witness for the state or
43-17 for the defendant.
43-18 (c) Except as otherwise provided by this subsection, a
43-19 defendant is liable on conviction for the fees provided by this
43-20 article for witnesses in the defendant's case. If a defendant
43-21 convicted of a misdemeanor does not pay the defendant's [his] fines
43-22 and costs, the county or municipality, as appropriate, is liable
43-23 for the fees provided by this article for witnesses in the
43-24 defendant's case.
43-25 SECTION 64. Article 102.004, Code of Criminal Procedure, is
43-26 amended to read as follows:
44-1 Art. 102.004. JURY FEE. (a) A defendant convicted by a
44-2 jury in a trial before a justice or municipal court shall pay a
44-3 jury fee of $3. A defendant in a justice or municipal court who
44-4 requests a trial by jury and who withdraws the request not earlier
44-5 than 24 hours before the time of trial shall pay a jury fee of $3,
44-6 if the defendant is convicted of the offense or final disposition
44-7 of the defendant's case is deferred. A defendant convicted by a
44-8 jury in a county court, a county court at law, or a district court
44-9 shall pay a jury fee of $20.
44-10 (b) If two or more defendants are tried jointly in a justice
44-11 or municipal court, only one jury fee of $3 may be imposed under
44-12 this article. If the defendants sever and are tried separately,
44-13 each defendant convicted shall pay a jury fee.
44-14 SECTION 65. Article 45.11, Code of Criminal Procedure, is
44-15 redesignated as Article 44.281, Code of Criminal Procedure,
44-16 transferred to Chapter 44 of that code, and amended to read as
44-17 follows:
44-18 Art. 44.281 [45.11]. DISPOSITION OF FINES AND COSTS WHEN
44-19 MISDEMEANOR AFFIRMED [FEES]. In misdemeanor cases affirmed on
44-20 appeal from a municipal court, the [The] fine imposed on appeal and
44-21 the costs imposed on appeal shall be collected from [of] the
44-22 defendant, and the [such] fine of the municipal [corporation] court
44-23 when collected shall be paid into the municipal treasury.
44-24 SECTION 66. Section 52.027, Family Code, is amended by
44-25 amending Subsection (h) and adding Subsection (j) to read as
44-26 follows:
45-1 (h) If a child [A municipal court or justice court may not
45-2 hold a child in contempt for] intentionally or knowingly fails
45-3 [refusing] to obey a lawful order of disposition after an
45-4 adjudication of guilt of a traffic offense or other offense
45-5 punishable by fine only, the[. The] municipal court or justice
45-6 court may:
45-7 (1) except as provided by Subsection (j), hold the
45-8 child in contempt of the municipal court or justice court order and
45-9 order the child to pay a fine not to exceed $500; or
45-10 (2) [shall instead] refer the child to the appropriate
45-11 juvenile court for delinquent conduct for contempt of the municipal
45-12 court or justice court order.
45-13 (j) A municipal or justice court may not order a child to a
45-14 term of confinement or imprisonment for contempt of a municipal or
45-15 justice court order under Subsection (h).
45-16 SECTION 67. Subsection (b), Section 30.00430, Government
45-17 Code, is amended to read as follows:
45-18 (b) Complaints must comply with Article 45.019 [45.17], Code
45-19 of Criminal Procedure.
45-20 SECTION 68. Subsection (b), Section 30.00940, Government
45-21 Code, is amended to read as follows:
45-22 (b) Complaints must comply with Article 45.019 [45.17], Code
45-23 of Criminal Procedure.
45-24 SECTION 69. Subsection (b), Section 30.01101, Government
45-25 Code, is amended to read as follows:
45-26 (b) Complaints must comply with Article 45.019 [45.17], Code
46-1 of Criminal Procedure.
46-2 SECTION 70. Subsection (b), Section 30.01221, Government
46-3 Code, is amended to read as follows:
46-4 (b) Complaints must comply with Article 45.019 [45.17], Code
46-5 of Criminal Procedure.
46-6 SECTION 71. Subsection (d), Section 406.014, Government
46-7 Code, is amended to read as follows:
46-8 (d) A notary public who administers an oath pursuant to
46-9 Article 45.019 [45.01], Code of Criminal Procedure, is exempt from
46-10 the requirement in Subsection (a) of recording that oath.
46-11 SECTION 72. Subsection (b), Section 542.402, Transportation
46-12 Code, is amended to read as follows:
46-13 (b) In each fiscal year, a municipality having a population
46-14 of less than 5,000 may retain, from fines collected for violations
46-15 of highway laws in this subtitle and from special expenses
46-16 collected under Article 45.051 [45.54], Code of Criminal Procedure,
46-17 in cases in which a violation of this subtitle is alleged, an
46-18 amount equal to 30 percent of the municipality's revenue for the
46-19 preceding fiscal year from all sources, other than federal funds
46-20 and bond proceeds, as shown by the audit performed under Section
46-21 103.001, Local Government Code. After a municipality has retained
46-22 that amount, the municipality shall send to the comptroller any
46-23 portion of a fine or a special expense collected that exceeds $1.
46-24 SECTION 73. Subsection (a), Section 543.204, Transportation
46-25 Code, is amended to read as follows:
46-26 (a) A justice of the peace or municipal judge who defers
47-1 further proceedings, suspends all or part of the imposition of the
47-2 fine, and places a defendant on probation under Article 45.051
47-3 [45.54], Code of Criminal Procedure, or a county court judge who
47-4 follows that procedure under Article 42.111, Code of Criminal
47-5 Procedure, may not submit a written record to the department,
47-6 except that if the justice or judge subsequently adjudicates the
47-7 defendant's guilt, the justice or judge shall submit the record not
47-8 later than the 30th day after the date on which the justice or
47-9 judge adjudicates guilt.
47-10 SECTION 74. Subdivision (1), Section 706.001, Transportation
47-11 Code, is amended to read as follows:
47-12 (1) "Complaint" means a notice of an offense as
47-13 described by Article 27.14(d) or 45.019 [45.01], Code of Criminal
47-14 Procedure.
47-15 SECTION 75. (a) Articles 44.13, 45.01, 45.02, 45.05, 45.07,
47-16 45.08, 45.09, 45.12, 45.16, 45.19, 45.22, 45.23, 45.26, 45.27,
47-17 45.32, and 45.49, Code of Criminal Procedure, are repealed.
47-18 (b) Sections 543.102 through 543.110, Transportation Code,
47-19 are repealed.
47-20 SECTION 76. This Act takes effect September 1, 1999.
47-21 SECTION 77. (a) The changes in law made by this Act apply
47-22 to every act, proceeding, or event covered by a law amended by this
47-23 Act that occurs on or after the effective date of this Act, without
47-24 regard to whether the offense to which the act, proceeding, or
47-25 event applies occurred before, on, or after the effective date of
47-26 this Act, except as provided by Subsections (b) through (f) of this
48-1 section.
48-2 (b) In a proceeding related to the prosecution of an offense
48-3 that occurs or is alleged to have occurred before the effective
48-4 date of this Act, the accused may elect to have the proceeding
48-5 governed by any provision of Chapter 45, Code of Criminal
48-6 Procedure, as that provision would have applied to the offense in
48-7 the absence of the changes made by this Act, and that prior law is
48-8 continued in effect for that purpose.
48-9 (c) The change in law made by Section 49 of this Act to
48-10 Article 45.522, Code of Criminal Procedure, redesignated by this
48-11 Act as Article 45.050, Code of Criminal Procedure, and the change
48-12 in law made by Section 66 of this Act to Section 52.027, Family
48-13 Code, applies only to an offense committed or, for the purposes of
48-14 Title 3, Family Code, to conduct that occurs on or after the
48-15 effective date of this Act. An offense committed before the
48-16 effective date of this Act is covered by the law in effect when the
48-17 offense was committed, and the former law is continued in effect
48-18 for that purpose. Conduct that occurs before the effective date of
48-19 this Act is covered by the law in effect at the time the conduct
48-20 occurred, and the former law is continued in effect for that
48-21 purpose. For purposes of this subsection, an offense is committed
48-22 on or after the effective date of this Act if every element of the
48-23 offense occurs on or after that date and conduct violating a penal
48-24 law of this state occurs on or after the effective date of this Act
48-25 if every element of the violation occurs on or after that date.
48-26 (d) The change in law made by Subsection (g), Article
49-1 45.012, Code of Criminal Procedure, as added by this Act, applies
49-2 only to a paper issued or an act committed on or after September 1,
49-3 2000.
49-4 (e) Article 45.013, Code of Criminal Procedure, as added by
49-5 this Act, applies only to a document required to be filed on or
49-6 after the effective date of this Act.
49-7 (f) The change in law made by this Act to Subsection (a),
49-8 Article 44.181, Code of Criminal Procedure, applies only to an
49-9 appeal from a justice or municipal court that is filed on or after
49-10 the effective date of this Act. An appeal filed before the
49-11 effective date of this Act is covered by the law in effect when the
49-12 appeal was filed, and the former law is continued in effect for
49-13 that purpose.
49-14 SECTION 78. The importance of this legislation and the
49-15 crowded condition of the calendars in both houses create an
49-16 emergency and an imperative public necessity that the
49-17 constitutional rule requiring bills to be read on three several
49-18 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 1230
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1230 passed the Senate on
April 26, 1999, by the following vote: Yeas 30, Nays 0;
May 21, 1999, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 24, 1999, House
granted request of the Senate; May 30, 1999, Senate adopted
Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1230 passed the House, with
amendments, on May 13, 1999, by a non-record vote; May 24, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor