By Ellis S.B. No. 1230
76R7084 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures governing the prosecution and
1-3 administration of misdemeanor offenses in the jurisdiction of the
1-4 justice and municipal courts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Chapter 45, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 CHAPTER 45. JUSTICE AND MUNICIPAL [CORPORATION] COURTS
1-9 SECTION 2. Chapter 45, Code of Criminal Procedure, is
1-10 amended by adding a new Subchapter A to read as follows:
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this
1-13 chapter is to establish procedures for processing cases that come
1-14 within the criminal jurisdiction of the justice courts and
1-15 municipal courts. This chapter is intended and shall be construed
1-16 to achieve the following objectives:
1-17 (1) to provide fair notice to a person appearing in a
1-18 criminal proceeding before a justice or municipal court and a
1-19 meaningful opportunity for that person to be heard;
1-20 (2) to ensure appropriate dignity in court procedure
1-21 without undue formalism;
1-22 (3) to promote adherence to rules with sufficient
1-23 flexibility to serve the ends of justice; and
1-24 (4) to process cases without unnecessary expense or
2-1 delay.
2-2 Art. 45.002. APPLICATION OF CHAPTER. Criminal proceedings
2-3 in the justice and municipal courts shall be conducted in
2-4 accordance with this chapter, including any other rules of
2-5 procedure specifically made applicable to those proceedings by this
2-6 chapter. If this chapter does not provide a rule of procedure
2-7 governing any aspect of a case, the justice or judge shall apply
2-8 the other general provisions of this code to the extent necessary
2-9 to achieve the objectives of this chapter.
2-10 SECTION 3. The articles of Chapter 45, Code of Criminal
2-11 Procedure, added or redesignated by this Act as Articles 45.011
2-12 through 45.053, Code of Criminal Procedure, are designated as
2-13 Subchapter B of Chapter 45, Code of Criminal Procedure, and a
2-14 heading is added to that subchapter to read as follows:
2-15 SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS
2-16 SECTION 4. Article 45.38, Code of Criminal Procedure, is
2-17 redesignated as Article 45.011 and amended to read as follows:
2-18 Art. 45.011 [45.38]. RULES OF EVIDENCE. The rules of
2-19 evidence that [which] govern the trials of criminal actions in the
2-20 district court [shall] apply to a criminal proceeding [such
2-21 actions] in a justice or municipal court [courts].
2-22 SECTION 5. Article 45.021, Code of Criminal Procedure, is
2-23 redesignated as Article 45.012 and amended to read as follows:
2-24 Art. 45.012 [45.021]. ELECTRONICALLY CREATED RECORDS. (a)
2-25 Notwithstanding any other provision of law, a document that is
2-26 issued or maintained by a justice or municipal court may be created
2-27 by electronic means, including optical imaging, optical disk, or
3-1 other electronic reproduction technique that does not permit
3-2 changes, additions, or deletions to the originally created
3-3 document.
3-4 (b) The court may use electronic means to:
3-5 (1) produce a document required by law to be written;
3-6 or
3-7 (2) record an instrument, paper, or notice that is
3-8 permitted or required by law to be recorded or filed.
3-9 (c) The court shall maintain original documents as provided
3-10 by law.
3-11 (d) A record created by electronic means is an original
3-12 record or a certification of the original record.
3-13 (e) A printed copy of an optical image of the original
3-14 record printed from an optical disk system is an accurate copy of
3-15 the original record.
3-16 (f) A justice or municipal court may create a court seal if
3-17 required by law by electronic means, including optical imaging,
3-18 optical disk, or other electronic reproduction technique that does
3-19 not permit changes, additions, or deletions to an original document
3-20 created by the same type of system.
3-21 SECTION 6. Article 45.18, Code of Criminal Procedure, is
3-22 redesignated as Article 45.014 and amended to read as follows:
3-23 Art. 45.014 [45.18]. WARRANT OF ARREST [SHALL ISSUE]. (a)
3-24 When a sworn complaint based on probable cause has been filed
3-25 before the justice or municipal court [the requirements of the
3-26 preceding Article have been complied with], the justice or judge
3-27 may [shall] issue a warrant for the arrest of the accused and
4-1 deliver the same to the proper officer to be executed.
4-2 (b) The warrant is sufficient if:
4-3 (1) it is issued in the name of "The State of Texas";
4-4 (2) it is directed to the proper sheriff, constable,
4-5 or some other person specifically named in the warrant;
4-6 (3) it includes a command that the body of the accused
4-7 be taken, and brought before the authority issuing the warrant, at
4-8 the time and place stated in the warrant;
4-9 (4) it states the name of the person whose arrest is
4-10 ordered, if known, or if not known, it describes the person as in
4-11 the complaint;
4-12 (5) it states that the person is accused of some
4-13 offense against the laws of this state, naming the offense; and
4-14 (6) it is signed by the justice or judge, naming the
4-15 office of the justice or judge in the body of the warrant or in
4-16 connection with the signature of the justice or judge.
4-17 (c) Chapter 15 applies to a warrant of arrest issued under
4-18 this article, except as inconsistent or in conflict with this
4-19 chapter.
4-20 SECTION 7. Article 45.43, Code of Criminal Procedure, is
4-21 redesignated as Article 45.015 and amended to read as follows:
4-22 Art. 45.015 [45.43]. DEFENDANT PLACED IN JAIL. Whenever, by
4-23 the provisions of this title, the peace officer is authorized to
4-24 retain a defendant in custody, the peace officer [he] may place the
4-25 defendant [him] in jail in accordance with this code [or any other
4-26 place where he can be safely kept].
4-27 SECTION 8. Article 45.41, Code of Criminal Procedure, is
5-1 redesignated as Article 45.016 and amended to read as follows:
5-2 Art. 45.016 [45.41]. [DEFENDANT TO GIVE] BAIL. The [In case
5-3 of adjournment, the] justice or judge may [shall] require the
5-4 defendant to give bail for the defendant's [his] appearance in
5-5 accordance with this code. If the defendant [he] fails to give
5-6 bail, the defendant [he] may be held in custody.
5-7 SECTION 9. Article 45.13, Code of Criminal Procedure, is
5-8 redesignated as Article 45.017 and amended to read as follows:
5-9 Art. 45.017 [45.13]. CRIMINAL DOCKET. (a) The justice or
5-10 judge of each court, or the clerk of the court, [Each justice of
5-11 the peace and each municipal court judge] shall keep a docket
5-12 containing the following information [in which he shall enter the
5-13 proceedings in each trial had before him, which docket shall show]:
5-14 (1) the [1. The] style and file number of each
5-15 criminal [the] action;
5-16 (2) the [2. The] nature of the offense charged;
5-17 (3) the plea offered by the defendant and the date the
5-18 plea was entered;
5-19 (4) the [3. The] date the warrant, if any, was issued
5-20 and the return made thereon;
5-21 (5) the date [4. The time when] the examination or
5-22 trial was held [had], and if a trial was held, whether it was by a
5-23 jury or by the justice or judge [himself];
5-24 (6) the [5. The] verdict of the jury, if any, and the
5-25 date of the verdict;
5-26 (7) the [6. The] judgment and sentence of the court,
5-27 and the date each was given;
6-1 (8) the motion [7. Motion] for new trial, if any, and
6-2 the decision thereon; and
6-3 (9) whether [8. If] an appeal was taken and the date
6-4 of that action[; and]
6-5 [9. The time when, and the manner in which, the judgment and
6-6 sentence was enforced].
6-7 (b) The information in the docket may be processed and
6-8 stored by the use of electronic data processing equipment, at the
6-9 discretion of the justice of the peace or the municipal court
6-10 judge.
6-11 SECTION 10. Subchapter B, Chapter 45, Code of Criminal
6-12 Procedure, as designated by this Act, is amended by adding Article
6-13 45.018 to read as follows:
6-14 Art. 45.018. COMPLAINT. (a) For purposes of this chapter,
6-15 a complaint is a sworn allegation charging the accused with the
6-16 commission of an offense.
6-17 (b) A defendant is entitled to notice of a complaint against
6-18 the defendant not later than the day before the date of any
6-19 proceeding in the prosecution of the defendant under the complaint.
6-20 The defendant may waive the right to notice granted by this
6-21 subsection.
6-22 SECTION 11. Article 45.17, Code of Criminal Procedure, is
6-23 redesignated as Article 45.019 and amended to read as follows:
6-24 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
6-25 STATE]. (a) A [Such] complaint is sufficient, without regard to
6-26 its form, if it substantially satisfies the following requisites
6-27 [shall state]:
7-1 (1) it must be in writing;
7-2 (2) it must commence "In the name and by the authority
7-3 of the State of Texas";
7-4 (3) it must state the [1. The] name of the accused,
7-5 if known, or [and] if unknown, must include a reasonably definite
7-6 description of the accused [shall describe him as accurately as
7-7 practicable];
7-8 (4) it must show that the accused has committed an
7-9 offense under the law of this state, or state that the affiant has
7-10 good reason to believe and does believe that the accused has
7-11 committed an offense under the law of this state [2. The offense
7-12 with which he is charged, in plain and intelligible words];
7-13 (5) it must state the time and date the offense was
7-14 committed as definitely as the affiant is able to provide;
7-15 (6) it must bear the signature or mark of the affiant;
7-16 and
7-17 (7) it must conclude with the words "Against the peace
7-18 and dignity of the State" and, if the offense charged is an offense
7-19 only under a municipal ordinance, it may also conclude with the
7-20 words "Contrary to the said ordinance" or words to that effect.
7-21 (b) A complaint filed in justice court must allege that
7-22 [3. That] the offense was committed in the county in which the
7-23 complaint is made[; and]
7-24 [4. It must show, from the date of the offense stated
7-25 therein, that the offense is not barred by limitation].
7-26 (c) A complaint filed in municipal court must allege that
7-27 the offense was committed in the territorial limits of the
8-1 municipality in which the complaint is made.
8-2 (d) A complaint may be sworn to before any officer
8-3 authorized to administer oaths.
8-4 (e) A complaint in municipal court may be sworn to before:
8-5 (1) the municipal judge;
8-6 (2) the clerk of the court or a deputy clerk;
8-7 (3) the city secretary; or
8-8 (4) the city attorney or a deputy city attorney.
8-9 SECTION 12. Article 45.37, Code of Criminal Procedure, is
8-10 redesignated as Article 45.020 and amended to read as follows:
8-11 Art. 45.020 [45.37]. APPEARANCE [MAY APPEAR] BY COUNSEL.
8-12 (a) The defendant has a right to appear by counsel as in all other
8-13 cases.
8-14 (b) Not more than one counsel shall conduct either the
8-15 prosecution or defense. State's counsel may open and conclude the
8-16 argument.
8-17 SECTION 13. Article 45.33, Code of Criminal Procedure, is
8-18 redesignated as Article 45.021 and amended to read as follows:
8-19 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
8-20 pleading of the defendant in justice or municipal court may be oral
8-21 or in writing as the defendant may elect. [The justice shall note
8-22 upon his docket the plea offered.]
8-23 SECTION 14. Article 45.331, Code of Criminal Procedure, is
8-24 redesignated as Article 45.0215 and amended to read as follows:
8-25 Art. 45.0215 [45.331]. PLEA BY MINOR AND APPEARANCE OF
8-26 PARENT. (a) If a defendant is younger than 17 years of age and
8-27 has not had the disabilities of minority removed, the judge or
9-1 justice [court]:
9-2 (1) must take the defendant's plea in open court; and
9-3 (2) shall issue a summons to compel the defendant's
9-4 parent, guardian, or managing conservator to be present during:
9-5 (A) the taking of the defendant's plea; and
9-6 (B) all other proceedings relating to the case.
9-7 (b) If the court is unable to secure the appearance of the
9-8 defendant's parent, guardian, or managing conservator by issuance
9-9 of a summons, the court may, without the defendant's parent,
9-10 guardian, or managing conservator present, take the defendant's
9-11 plea and proceed against the defendant.
9-12 (c) In a case in justice court, if [If] the defendant
9-13 resides in a county other than the county in which the alleged
9-14 offense occurred, the defendant may, with leave of the justice
9-15 [court], enter the plea, including a plea under Article 45.052
9-16 [45.55], before a justice in the county in which the defendant
9-17 resides.
9-18 SECTION 15. Article 45.34, Code of Criminal Procedure, is
9-19 redesignated as Article 45.022 and amended to read as follows:
9-20 Art. 45.022 [45.34]. PLEA OF GUILTY OR NOLO CONTENDERE.
9-21 Proof as to the offense may be heard upon a plea of guilty or [and]
9-22 a plea of nolo contendere and the punishment assessed by the court
9-23 or jury.
9-24 SECTION 16. Article 45.31, Code of Criminal Procedure, is
9-25 redesignated as Article 45.023 and amended to read as follows:
9-26 Art. 45.023 [45.31]. DEFENDANT'S PLEA [DEFENDANT SHALL
9-27 PLEAD]. After the jury is impaneled, or after the defendant has
10-1 waived trial by jury, the defendant may:
10-2 (1) plead guilty or not guilty;
10-3 (2) [or may] enter a plea of nolo contendere;[,] or
10-4 (3) enter the special plea of double jeopardy as
10-5 described by Article 27.05 [named in the succeeding Article].
10-6 SECTION 17. Article 45.35, Code of Criminal Procedure, is
10-7 redesignated as Article 45.024 and amended to read as follows:
10-8 Art. 45.024 [45.35]. DEFENDANT'S REFUSAL [IF DEFENDANT
10-9 REFUSES] TO PLEAD. The justice or judge shall enter a plea of not
10-10 guilty if the defendant refuses to plead.
10-11 SECTION 18. Article 45.24, Code of Criminal Procedure, is
10-12 redesignated as Article 45.025 and amended to read as follows:
10-13 Art. 45.025 [45.24]. DEFENDANT MAY WAIVE JURY. The accused
10-14 may waive a trial by jury orally or in writing. If the defendant
10-15 waives a trial by jury[; and in such case], the justice or judge
10-16 shall hear and determine the cause without a jury.
10-17 SECTION 19. Article 45.251, Code of Criminal Procedure, is
10-18 redesignated as Article 45.026 and amended to read as follows:
10-19 Art. 45.026 [45.251]. DEMAND FOR JURY TRIAL [IN JUSTICE
10-20 COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR. (a) A justice or
10-21 municipal court may order a party who demands a jury trial in a
10-22 justice or municipal court and who fails to appear for the trial to
10-23 pay the costs incurred for impaneling the jury.
10-24 (b) The justice or municipal court may release a party from
10-25 the obligation to pay costs under this section for good cause.
10-26 (c) An order issued by a justice or municipal court under
10-27 this section may be enforced by contempt as prescribed by Section
11-1 21.002(c), Government Code.
11-2 SECTION 20. Article 45.25, Code of Criminal Procedure, is
11-3 redesignated as Article 45.027 and amended to read as follows:
11-4 Art. 45.027 [45.25]. JURY SUMMONED. (a) If the accused
11-5 does not waive a trial by jury, the justice or judge shall issue a
11-6 writ commanding the proper officer to summon [forthwith] a venire
11-7 from which six qualified persons shall be selected to serve as
11-8 jurors in the case.
11-9 (b) The [Said] jurors when so summoned shall remain in
11-10 attendance as jurors in all cases that may come up for hearing
11-11 until discharged by the court.
11-12 (c) Any person so summoned who fails to attend may be fined
11-13 an amount not to exceed [exceeding] $100 for contempt.
11-14 SECTION 21. Article 45.29, Code of Criminal Procedure, is
11-15 redesignated as Article 45.028 and amended to read as follows:
11-16 Art. 45.028 [45.29]. OTHER JURORS SUMMONED. If, from
11-17 challenges or any other cause, a sufficient number of jurors are
11-18 not in attendance, the justice or judge shall order the proper
11-19 officer to summon a sufficient number of qualified persons to form
11-20 the jury.
11-21 SECTION 22. Article 45.28, Code of Criminal Procedure, is
11-22 redesignated as Article 45.029 and amended to read as follows:
11-23 Art. 45.029 [45.28]. PEREMPTORY CHALLENGES [CHALLENGE OF
11-24 JURORS]. In all jury trials in a [the] justice or municipal court,
11-25 the state [State] and each defendant in the case is [shall be]
11-26 entitled to three peremptory challenges[, and also to any number of
11-27 challenges for cause, which cause shall be judged of by the
12-1 justice].
12-2 SECTION 23. Article 45.30, Code of Criminal Procedure, is
12-3 redesignated as Article 45.030 and amended to read as follows:
12-4 Art. 45.030 [45.30]. FORMATION OF [OATH TO] JURY. The
12-5 justice or judge shall form the jury and administer the appropriate
12-6 [following] oath in accordance with Chapter 35 [to the jury: "Each
12-7 of you do solemnly swear that you will well and truly try the cause
12-8 about to be submitted to you and a true verdict render therein,
12-9 according to the law and the evidence, so help you God"].
12-10 SECTION 24. Article 45.36, Code of Criminal Procedure, is
12-11 redesignated as Article 45.031 and amended to read as follows:
12-12 Art. 45.031 [45.36]. COUNSEL FOR STATE NOT PRESENT
12-13 [WITNESSES EXAMINED BY WHOM]. If [The justice shall examine the
12-14 witnesses if] the state [State] is not represented by counsel when
12-15 the case is called for trial, the justice or judge may:
12-16 (1) postpone the trial to a date certain;
12-17 (2) appoint an attorney pro tem as provided by this
12-18 code to represent the state; or
12-19 (3) proceed to trial, in which event the justice or
12-20 judge may examine the witnesses.
12-21 SECTION 25. Article 45.031, Code of Criminal Procedure, is
12-22 redesignated as Article 45.032 and amended to read as follows:
12-23 Art. 45.032 [45.031]. DIRECTED VERDICT. If, upon the trial
12-24 of a case in a justice or municipal [corporation] court, [there is
12-25 a material variance between the allegations in the complaint and
12-26 the proof offered by the state, or] the state fails [has failed] to
12-27 prove a prima facie case of the offense alleged in the complaint,
13-1 the defendant is entitled to a directed verdict of "not guilty."
13-2 [guilty" as in any other criminal case.]
13-3 SECTION 26. Article 45.39, Code of Criminal Procedure, is
13-4 redesignated as Article 45.034 to read as follows:
13-5 Art. 45.034 [45.39]. JURY KEPT TOGETHER. The jury shall
13-6 retire in charge of an officer when the cause is submitted to them,
13-7 and be kept together until they agree to a verdict or are
13-8 discharged.
13-9 SECTION 27. Article 45.40, Code of Criminal Procedure, is
13-10 redesignated as Article 45.035 and amended to read as follows:
13-11 Art. 45.035 [45.40]. MISTRIAL. A jury shall be discharged
13-12 if it fails to agree to a verdict after being kept together a
13-13 reasonable time. If a jury is discharged because it fails to agree
13-14 to a verdict, [there be time left on the same day, another jury may
13-15 be impaneled to try the cause, or] the justice or judge may
13-16 [adjourn for not more than 30 days and again] impanel another [a]
13-17 jury as soon as practicable to try such cause.
13-18 SECTION 28. Article 45.42, Code of Criminal Procedure, is
13-19 redesignated as Article 45.036 and amended to read as follows:
13-20 Art. 45.036 [45.42]. VERDICT. (a) When the jury has agreed
13-21 on [upon] a verdict, the jury [it] shall bring the verdict [same]
13-22 into court.
13-23 (b) The [; and the] justice or judge shall see that the
13-24 verdict [it] is in proper form and shall [enter it upon his docket
13-25 and] render the proper judgment and sentence on the verdict
13-26 [thereon].
13-27 SECTION 29. Article 45.45, Code of Criminal Procedure, is
14-1 redesignated as Article 45.037 and amended to read as follows:
14-2 Art. 45.037 [45.45]. MOTION FOR NEW TRIAL. (a) A motion
14-3 [An application] for a new trial must be made within one day after
14-4 the rendition of judgment and sentence, and not afterward.
14-5 (b) The [; and the] execution of the judgment and sentence
14-6 may [shall] not be stayed until a new trial has been granted.
14-7 SECTION 30. Article 45.44, Code of Criminal Procedure, is
14-8 redesignated as Article 45.038 and amended to read as follows:
14-9 Art. 45.038 [45.44]. NEW TRIAL GRANTED. A justice or judge
14-10 may, for good cause shown, grant the defendant a new trial,
14-11 whenever the justice or judge [he] considers that justice has not
14-12 been done the defendant in the trial of the [such] case.
14-13 SECTION 31. Article 45.46, Code of Criminal Procedure, is
14-14 redesignated as Article 45.039 and amended to read as follows:
14-15 Art. 45.039 [45.46]. ONLY ONE NEW TRIAL GRANTED. Not more
14-16 than one new trial shall be granted the defendant in the same case.
14-17 When a new trial has been granted, the justice or judge shall
14-18 proceed, as soon as practicable, to try the case again.
14-19 SECTION 32. Article 45.47, Code of Criminal Procedure, is
14-20 redesignated as Article 45.040 and amended to read as follows:
14-21 Art. 45.040 [45.47]. STATE NOT ENTITLED TO NEW TRIAL. In no
14-22 case shall the state [State] be entitled to a new trial.
14-23 SECTION 33. Article 45.50, Code of Criminal Procedure, is
14-24 redesignated as Article 45.041 and amended to read as follows:
14-25 Art. 45.041 [45.50]. [THE] JUDGMENT. (a) The judgment and
14-26 sentence, in case of conviction in a criminal action before a
14-27 justice of the peace or municipal court judge, shall be that the
15-1 defendant pay the amount of the fine and costs to the state.
15-2 (b) The justice or judge may direct the defendant:
15-3 (1) to pay:
15-4 (A) the entire fine and costs when sentence is
15-5 pronounced; [or]
15-6 (B) [(2) to pay] the entire fine and costs at
15-7 some later date; or
15-8 (C) [(3) to pay] a specified portion of the fine
15-9 and costs at designated intervals;
15-10 (2) if applicable, to make restitution to any victim
15-11 of the offense in accordance with Article 42.037; and
15-12 (3) to satisfy any other sanction authorized by law.
15-13 (c) The justice or judge shall credit the defendant for time
15-14 served in jail as provided by Article 42.03. The credit shall be
15-15 applied to the amount of the fine and costs at the rate provided by
15-16 Article 45.048.
15-17 (d) All judgments, sentences, and final orders of the
15-18 justice or judge shall be rendered in open court.
15-19 SECTION 34. Article 45.10, Code of Criminal Procedure, is
15-20 redesignated as Article 45.042 and amended to read as follows:
15-21 Art. 45.042 [45.10]. APPEAL. (a) Appeals from a justice or
15-22 municipal court, including appeals from final judgments in bond
15-23 forfeiture proceedings, shall be heard by the county court except
15-24 in cases where the county court has no jurisdiction, in which
15-25 counties such appeals shall be heard by the proper court.
15-26 (b) Unless the appeal is taken from a municipal court of
15-27 record and the appeal is based on error reflected in the record,
16-1 the trial shall be de novo [in the proper court. Said appeals
16-2 shall be governed by the rules of practice and procedure for
16-3 appeals from justice courts to the county court, as far as
16-4 applicable].
16-5 (c) In an appeal from the judgment and sentence of a justice
16-6 or municipal court, if the defendant is in custody, the defendant
16-7 is to be committed to jail unless the defendant gives bail.
16-8 SECTION 35. Subchapter B, Chapter 45, Code of Criminal
16-9 Procedure, as designated by this Act, is amended by adding Article
16-10 45.0425 to read as follows:
16-11 Art. 45.0425. APPEAL BOND. (a) If the court from whose
16-12 judgment and sentence the appeal is taken is in session, the court
16-13 must approve the bail. The amount of a bail bond may not be less
16-14 than two times the amount of the fine and costs adjudged against
16-15 the defendant, payable to the State of Texas. The bail may not in
16-16 any case be for a sum less than $50. If the appeal bond otherwise
16-17 meets the requirements of this code, the court without requiring a
16-18 court appearance by the defendant shall approve the appeal bond in
16-19 the amount the court under Article 27.14(b) notified the defendant
16-20 would be approved.
16-21 (b) An appeal bond shall recite that in the cause the
16-22 defendant was convicted and has appealed, and be conditioned that
16-23 the defendant shall make the defendant's personal appearance before
16-24 the court to which the appeal is taken instanter, if the court is
16-25 in session, or, if the court is not in session, at its next regular
16-26 term, stating the time and place of that session, and there remain
16-27 from day to day and term to term, and answer in the cause in the
17-1 court.
17-2 SECTION 36. Article 44.14, Code of Criminal Procedure, is
17-3 redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code
17-4 of Criminal Procedure, as designated by this Act, and amended to
17-5 read as follows:
17-6 Art. 45.0426 [44.14]. FILING BOND PERFECTS APPEAL. (a) In
17-7 appeals from justice and municipal courts, when the appeal bond
17-8 provided for in [the preceding] Article 45.0425 has been filed with
17-9 the justice or judge who tried the case not later than the 10th day
17-10 after the date the judgment was entered, the appeal in such case
17-11 shall be held to be perfected.
17-12 (b) If an appeal bond is not timely filed, the appellate
17-13 [appeal] court does not have jurisdiction over the case and shall
17-14 remand the case to the justice or municipal court for execution of
17-15 the sentence.
17-16 (c) An [No] appeal may not [shall] be dismissed because the
17-17 defendant failed to give notice of appeal in open court. An appeal
17-18 by the defendant or the state may not be dismissed on account of
17-19 any defect in the transcript.
17-20 SECTION 37. Article 45.48, Code of Criminal Procedure, is
17-21 redesignated as Article 45.043 and amended to read as follows:
17-22 Art. 45.043 [45.48]. EFFECT OF APPEAL. When a defendant
17-23 files the appeal bond required by law with the justice or municipal
17-24 court, all further proceedings [proceeding] in the case in the
17-25 justice or municipal court shall cease.
17-26 SECTION 38. Article 45.231, Code of Criminal Procedure, is
17-27 redesignated as Article 45.044 and amended to read as follows:
18-1 Art. 45.044 [45.231]. FORFEITURE OF BOND IN SATISFACTION OF
18-2 FINE. (a) A justice or judge may enter a judgment of conviction
18-3 and forfeit a cash bond posted by the defendant in satisfaction of
18-4 the defendant's fine and cost if the defendant:
18-5 (1) has entered a written and signed plea of nolo
18-6 contendere and a waiver of jury trial; and
18-7 (2) fails to appear according to the terms of the
18-8 defendant's release.
18-9 (b) A justice or judge who enters a judgment of conviction
18-10 and forfeiture under Subsection (a) of this article shall
18-11 immediately notify the defendant in writing, by regular mail
18-12 addressed to the defendant at the defendant's last known address,
18-13 that:
18-14 (1) a judgment of conviction and forfeiture of bond
18-15 was entered against the defendant on a date certain and the
18-16 forfeiture satisfies the defendant's fine and costs in the case;
18-17 and
18-18 (2) the defendant has a right to a new trial in the
18-19 case if the defendant applies for the new trial not later than the
18-20 10th day after the date of judgment and forfeiture.
18-21 (c) Notwithstanding Article 45.037 [45.45] of this code, the
18-22 defendant may file a motion [apply] for a new trial within the
18-23 period provided by Subsection (b) of this article, and the court
18-24 shall grant the motion [application] if the motion [application] is
18-25 made within that [the] period. On the new trial, the court shall
18-26 permit the defendant to withdraw the previously entered plea of
18-27 nolo contendere and waiver of jury trial.
19-1 SECTION 39. Article 45.51, Code of Criminal Procedure, is
19-2 redesignated as Article 45.045 and amended to read as follows:
19-3 Art. 45.045 [45.51]. CAPIAS. (a) If the defendant is not
19-4 in custody when the judgment is rendered, the court may order a
19-5 capias issued for the defendant's [his] arrest. The capias shall
19-6 state the amount of the judgment and sentence, and command the
19-7 appropriate peace officer [sheriff] to bring the defendant before
19-8 the court or place the defendant [him] in jail until the defendant
19-9 [he] can be brought before the court.
19-10 (b) If the defendant escapes from custody after judgment is
19-11 rendered, a capias shall issue for the defendant's [his] arrest and
19-12 confinement until the defendant [he] is legally discharged.
19-13 SECTION 40. Article 45.52, Code of Criminal Procedure, is
19-14 redesignated as Article 45.046 and amended to read as follows:
19-15 Art. 45.046 [45.52]. CAPIAS PRO FINE [COLLECTION OF FINES].
19-16 (a) When a judgment and sentence have been rendered against a
19-17 defendant who is able to pay the [for a] fine and costs and the
19-18 defendant [he] defaults in payment, the justice or judge may order
19-19 the defendant [him] imprisoned in jail as provided by Article 43.03
19-20 until discharged by law.
19-21 (b) A certified copy of the judgment, sentence, and order is
19-22 sufficient to authorize such imprisonment.
19-23 [(b) The justice may order the fine and costs collected by
19-24 execution against the defendant's property in the same manner as a
19-25 judgment in a civil suit.]
19-26 SECTION 41. Subchapter B, Chapter 45, Code of Criminal
19-27 Procedure, as designated by this Act, is amended by adding Article
20-1 45.047 to read as follows:
20-2 Art. 45.047. COLLECTION OF FINES AFTER JUDGMENT. If after a
20-3 judgment is entered the defendant defaults in payment of a fine,
20-4 the justice or judge may order the fine and costs collected by
20-5 execution against the defendant's property in the same manner as a
20-6 judgment in a civil suit.
20-7 SECTION 42. Article 45.53, Code of Criminal Procedure, is
20-8 redesignated as Article 45.048 and amended to read as follows:
20-9 Art. 45.048 [45.53]. DISCHARGED FROM JAIL. A defendant
20-10 placed in jail on account of failure to pay the fine and costs
20-11 shall [can] be discharged on habeas corpus by showing that the
20-12 defendant:
20-13 (1) [1. That he] is too poor to pay the fine and
20-14 costs; or [and]
20-15 (2) [2. That he] has remained in jail a sufficient
20-16 length of time to satisfy the fine and costs, at the rate of not
20-17 less than $50 [$15] for each day or part of a day of jail time
20-18 served.
20-19 SECTION 43. Articles 45.521 and 45.522, Code of Criminal
20-20 Procedure, are redesignated as Articles 45.049 and 45.050 to read
20-21 as follows:
20-22 Art. 45.049 [45.521]. COMMUNITY SERVICE IN SATISFACTION OF
20-23 FINE OR COSTS. (a) A justice or judge may require a defendant who
20-24 fails to pay a previously assessed fine or costs, or who is
20-25 determined by the court to have insufficient resources or income to
20-26 pay a fine or costs, to discharge all or part of the fine or costs
20-27 by performing community service. A defendant may discharge an
21-1 obligation to perform community service under this article by
21-2 paying at any time the fine and costs assessed.
21-3 (b) In the justice's or judge's order requiring a defendant
21-4 to participate in community service work under this article, the
21-5 justice or judge must specify:
21-6 (1) the number of hours the defendant is required to
21-7 work;
21-8 (2) the entity or organization for which the defendant
21-9 is required to work; and
21-10 (3) the project on which the defendant is required to
21-11 work.
21-12 (c) The justice or judge may order the defendant to perform
21-13 community service work under this article only for a governmental
21-14 entity or a nonprofit organization that provides services to the
21-15 general public that enhance social welfare and the general
21-16 well-being of the community. A governmental entity or nonprofit
21-17 organization that accepts a defendant under this article to perform
21-18 community service must agree to supervise the defendant in the
21-19 performance of the defendant's work and report on the defendant's
21-20 work to the justice or judge who ordered the community service.
21-21 (d) A justice or judge may not order a defendant to perform
21-22 more than 16 hours per week of community service under this article
21-23 unless the justice or judge determines that requiring the defendant
21-24 to work additional hours does not work a hardship on the defendant
21-25 or the defendant's dependents.
21-26 (e) A defendant is considered to have discharged $50 of
21-27 fines or costs for each eight hours of community service performed
22-1 under this article.
22-2 (f) A sheriff, employee of a sheriff's department, county
22-3 commissioner, county employee, county judge, justice of the peace,
22-4 municipal court judge, or officer or employee of a political
22-5 subdivision other than a county is not liable for damages arising
22-6 from an act or failure to act in connection with manual labor
22-7 performed by a defendant under this article if the act or failure
22-8 to act:
22-9 (1) was performed pursuant to court order; and
22-10 (2) was not intentional, wilfully or wantonly
22-11 negligent, or performed with conscious indifference or reckless
22-12 disregard for the safety of others.
22-13 Art. 45.050 [45.522]. FAILURE TO PAY FINE; CONTEMPT:
22-14 JUVENILES. (a) A justice court or municipal court may not order
22-15 the confinement of a person who is a child for the purposes of
22-16 Title 3, Family Code, for the failure to pay all or any part of a
22-17 fine or costs imposed for the conviction of an offense punishable
22-18 by fine only.
22-19 (b) Section 51.03(a)(3), Family Code, and the procedures for
22-20 the adjudication of a child for delinquent conduct apply to a child
22-21 who fails to obey an order of a justice or municipal court under
22-22 circumstances that would constitute contempt of court.
22-23 SECTION 44. Article 45.54, Code of Criminal Procedure, is
22-24 redesignated as Article 45.051 and amended to read as follows:
22-25 Art. 45.051 [45.54]. SUSPENSION OF SENTENCE AND DEFERRAL OF
22-26 FINAL DISPOSITION. (a) [(1)] On a plea of guilty or nolo
22-27 contendere by a defendant or on a finding of guilt in a misdemeanor
23-1 case punishable by fine only and payment of all court costs, the
23-2 justice or judge may defer further proceedings without entering an
23-3 adjudication of guilt and place the defendant on probation for a
23-4 period not to exceed 180 days. This article does not apply to:
23-5 (1) a misdemeanor case disposed of under Subchapter B,
23-6 Chapter 543, Transportation Code; [by Section 143A, Uniform Act
23-7 Regulating Traffic on Highways (Article 6701d, Vernon's Texas
23-8 Civil Statutes),] or
23-9 (2) a serious traffic violation as defined by Section
23-10 522.003, Transportation Code [in Section 3(26), Texas Commercial
23-11 Driver's License Act (Article 6687b-2, Revised Statutes)].
23-12 (b) [(2)] During the deferral period, the justice or judge
23-13 shall require the defendant to successfully complete a Texas
23-14 [Central] Education Agency-approved driving safety course, if the
23-15 offense alleged is an offense involving the operation of a motor
23-16 vehicle, other than a commercial motor vehicle, as defined by
23-17 Section 522.003, Transportation Code [in Subdivision (6), Section
23-18 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised
23-19 Statutes)], and the defendant:
23-20 (1) [(A)] has completed an approved driving safety
23-21 course within the preceding 12 months; or
23-22 (2) [(B)] is a first-time offender who elects deferred
23-23 adjudication.
23-24 (c) [(3)] During the [said] deferral period, the justice or
23-25 judge may require the defendant to:
23-26 (1) [(a)] post a bond in the amount of the fine
23-27 assessed to secure payment of the fine;
24-1 (2) [(b)] pay restitution to the victim of the offense
24-2 in an amount not to exceed the fine assessed;
24-3 (3) [(c)] submit to professional counseling;
24-4 (4) [(d)] comply with any other reasonable condition;
24-5 and
24-6 (5) [(e) require the defendant to] successfully
24-7 complete a Texas [Central] Education Agency approved driving safety
24-8 course, if:
24-9 (A) [(1)] the offense alleged is an offense
24-10 involving the operation of a motor vehicle, other than a commercial
24-11 motor vehicle, as defined by Section 522.003, Transportation Code
24-12 [in Subdivision (6), Section 3, Texas Commercial Driver's License
24-13 Act (Article 6687b-2, Revised Statutes)]; and
24-14 (B) [(2)] the defendant has not completed an
24-15 approved driving safety course within the preceding 12 months.
24-16 (d) [(4)] At the conclusion of the deferral period, if the
24-17 defendant presents satisfactory evidence that the defendant [he]
24-18 has complied with the requirements imposed, the justice or judge
24-19 shall dismiss the complaint, and it shall be clearly noted in the
24-20 docket that the complaint is dismissed and that there is not a
24-21 final conviction. Otherwise, the justice or judge may proceed with
24-22 an adjudication of guilt without notice or a hearing. After an
24-23 adjudication of guilt, the justice or judge may reduce the fine
24-24 assessed or may then impose the fine assessed, less any portion of
24-25 the assessed fine that has been paid. If the complaint is
24-26 dismissed, a special expense not to exceed the amount of the fine
24-27 assessed may be imposed.
25-1 (e) [(5)] If at the conclusion of the deferral period the
25-2 defendant does not present satisfactory evidence that the defendant
25-3 complied with the requirements imposed, the justice or judge may
25-4 impose the fine assessed or impose a lesser fine. The imposition
25-5 of the fine or lesser fine constitutes a final conviction of the
25-6 defendant.
25-7 (f) [(6)] Records relating to a complaint dismissed as
25-8 provided by this article may be expunged under Article 55.01 of
25-9 this code. If a complaint is dismissed under this article, there
25-10 is not a final conviction and the complaint may not be used against
25-11 the person for any purpose.
25-12 SECTION 45. Article 45.55, Code of Criminal Procedure, is
25-13 redesignated as Article 45.052 to read as follows:
25-14 Art. 45.052 [45.55]. DISMISSAL OF MISDEMEANOR CHARGE ON
25-15 COMPLETION OF TEEN COURT PROGRAM. (a) A justice or municipal
25-16 court may defer proceedings against a defendant who is under the
25-17 age of 18 or enrolled full time in an accredited secondary school
25-18 in a program leading toward a high school diploma for 90 days if
25-19 the defendant:
25-20 (1) is charged with a misdemeanor punishable by fine
25-21 only or a violation of a penal ordinance of a political
25-22 subdivision, including a traffic offense punishable by fine only;
25-23 (2) pleads nolo contendere or guilty to the offense in
25-24 open court with the defendant's parent, guardian, or managing
25-25 conservator present;
25-26 (3) presents to the court an oral or written request
25-27 to attend a teen court program; and
26-1 (4) has not successfully completed a teen court
26-2 program in the two years preceding the date that the alleged
26-3 offense occurred.
26-4 (b) The teen court program must be approved by the court.
26-5 (c) The justice or municipal court shall dismiss the charge
26-6 at the conclusion of the deferral period if the defendant presents
26-7 satisfactory evidence that the defendant has successfully completed
26-8 the teen court program.
26-9 (d) A charge dismissed under this article may not be part of
26-10 the defendant's criminal record or driving record or used for any
26-11 purpose. However, if the charge was for a traffic offense, the
26-12 court shall report to the Department of Public Safety that the
26-13 defendant successfully completed the teen court program and the
26-14 date of completion for inclusion in the defendant's driving record.
26-15 (e) The justice or municipal court may require a person who
26-16 requests a teen court program to pay a fee not to exceed $10 that
26-17 is set by the court to cover the costs of administering this
26-18 article. Fees collected by a municipal court shall be deposited in
26-19 the municipal treasury. Fees collected by a justice court shall be
26-20 deposited in the county treasury of the county in which the court
26-21 is located. A person who requests a teen court program and fails
26-22 to complete the program is not entitled to a refund of the fee.
26-23 (f) A court may transfer a case in which proceedings have
26-24 been deferred under this section to a court in a contiguous county
26-25 if the court to which the case is transferred consents. A case may
26-26 not be transferred unless it is within the jurisdiction of the
26-27 court to which it is transferred.
27-1 (g) In addition to the fee authorized by Subsection (e) of
27-2 this article, the court may require a child who requests a teen
27-3 court program to pay a $10 fee to cover the cost to the teen court
27-4 for performing its duties under this article. The court shall pay
27-5 the fee to the teen court program, and the teen court program must
27-6 account to the court for the receipt and disbursal of the fee. A
27-7 child who pays a fee under this subsection is not entitled to a
27-8 refund of the fee, regardless of whether the child successfully
27-9 completes the teen court program.
27-10 (h) A justice or municipal court may exempt a defendant for
27-11 whom proceedings are deferred under this article from the
27-12 requirement to pay a court cost or fee that is imposed by another
27-13 statute.
27-14 SECTION 46. Article 45.56, Code of Criminal Procedure, is
27-15 redesignated as Article 45.053 to read as follows:
27-16 Art. 45.053 [45.56]. DISMISSAL OF MISDEMEANOR CHARGE ON
27-17 COMMITMENT OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of
27-18 guilty or nolo contendere by a defendant or on a finding of guilt
27-19 in a misdemeanor case punishable by a fine only, a justice or
27-20 municipal court may defer further proceedings for 90 days without
27-21 entering an adjudication of guilt if:
27-22 (1) the court finds that the offense resulted from or
27-23 was related to the defendant's chemical dependency; and
27-24 (2) an application for court-ordered treatment of the
27-25 defendant is filed in accordance with Chapter 462, Health and
27-26 Safety Code.
27-27 (b) At the end of the deferral period, the justice or
28-1 municipal court shall dismiss the charge if satisfactory evidence
28-2 is presented that the defendant was committed for and completed
28-3 court-ordered treatment in accordance with Chapter 462, Health and
28-4 Safety Code, and it shall be clearly noted in the docket that the
28-5 complaint is dismissed and that there is not a final conviction.
28-6 (c) If at the conclusion of the deferral period satisfactory
28-7 evidence that the defendant was committed for and completed
28-8 court-ordered treatment in accordance with Chapter 462, Health and
28-9 Safety Code, is not presented, the justice or municipal court may
28-10 impose the fine assessed or impose a lesser fine. The imposition
28-11 of a fine constitutes a final conviction of the defendant.
28-12 (d) Records relating to a complaint dismissed under this
28-13 article may be expunged under Article 55.01 of this code. If a
28-14 complaint is dismissed under this article, there is not a final
28-15 conviction and the complaint may not be used against the person for
28-16 any purpose.
28-17 SECTION 47. Articles 45.101, 45.102, and 45.103, as
28-18 redesignated by this Act, are designated as Subchapter C of Chapter
28-19 45, Code of Criminal Procedure, and a heading is added to that
28-20 subchapter to read as follows:
28-21 SUBCHAPTER C. PROCEDURES IN JUSTICE COURT
28-22 SECTION 48. Articles 45.21 and 45.22, Code of Criminal
28-23 Procedure, are redesignated as Articles 45.101 and 45.102 and
28-24 amended to read as follows:
28-25 Art. 45.101 [45.21]. OFFENSES COMMITTED IN ANOTHER COUNTY.
28-26 Whenever complaint is made before any justice of the peace that a
28-27 felony has been committed in any other than a county in which the
29-1 complaint is made, the [such] justice shall issue a [his] warrant
29-2 for the arrest of the accused, directed as in other cases,
29-3 commanding that the accused be arrested and taken before any
29-4 magistrate of the county where such felony is alleged to have been
29-5 committed, forthwith, for examination as in other cases.
29-6 Art. 45.102 [45.22]. OFFENSES IN COUNTIES WITH POPULATION OF
29-7 LESS THAN 2,000,000 AND MORE THAN [OVER] 225,000; VENUE; [FEE OF
29-8 CONSTABLE;] PENALTIES. (a) A person may not [Sec. 1. No person
29-9 shall ever] be tried in any justice precinct court unless the
29-10 offense with which the person is [he was] charged was committed in
29-11 that [such] precinct. Provided, however, should there be no duly
29-12 qualified justice precinct court in the precinct where the [such]
29-13 offense was committed, then the defendant shall be tried in the
29-14 justice precinct next adjacent which may have a duly qualified
29-15 justice court. And provided further, that if the justice of the
29-16 peace of the precinct in which the offense was committed is
29-17 disqualified for any reason for trying the case, then the [such]
29-18 defendant may be tried in some other justice precinct within the
29-19 county.
29-20 (b) [Sec. 2. No constable shall be allowed a fee in any
29-21 misdemeanor case arising in any precinct other than the one for
29-22 which he has been elected or appointed, except through an order
29-23 duly entered upon the minutes of the county commissioners court.]
29-24 [Sec. 3.] Any justice of the peace, constable, or deputy
29-25 constable violating this article [Act] shall be punished by a fine
29-26 of not less than $100 nor more than $500.
29-27 (c) This article applies [Sec. 4. The provisions of this
30-1 Article shall apply] only to a county [counties] having a
30-2 population of less than 2,000,000 and more than [over] 225,000
30-3 [according to the last preceding federal census].
30-4 SECTION 49. Article 45.15, Code of Criminal Procedure, is
30-5 redesignated as Article 45.103 and amended to read as follows:
30-6 Art. 45.103 [45.15]. WARRANT WITHOUT COMPLAINT. If
30-7 [Whenever] a criminal offense that [which] a justice of the peace
30-8 has jurisdiction to try is [shall be] committed within the view of
30-9 the [such] justice, the justice [he] may issue a [his] warrant for
30-10 the arrest of the offender.
30-11 SECTION 50. Articles 45.201 through 45.204, as redesignated
30-12 or added by this Act, are designated as Subchapter D of Chapter 45,
30-13 Code of Criminal Procedure, and a heading is added to that
30-14 subchapter to read as follows:
30-15 SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT
30-16 SECTION 51. Article 45.03, Code of Criminal Procedure, is
30-17 redesignated as Article 45.201 and amended to read as follows:
30-18 Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All
30-19 prosecutions in a municipal court shall be conducted by the city
30-20 attorney of the municipality [such city, town or village,] or by a
30-21 [his] deputy city attorney.
30-22 (b) The county attorney of the county in which the
30-23 municipality [said city, town or village] is situated may, if the
30-24 county attorney [he] so desires, also represent the state [State]
30-25 in such prosecutions. In such cases, the [said] county attorney is
30-26 [shall not be] entitled to receive any fees or other compensation
30-27 [whatever] for those [said] services. [The county attorney shall
31-1 have no power to dismiss any prosecution pending in said court
31-2 unless for reasons filed and approved by the judge.]
31-3 (c) With the consent of the county attorney, appeals from
31-4 municipal court to a county court, county court at law, or any
31-5 appellate court may be prosecuted by the city attorney or a [his]
31-6 deputy city attorney.
31-7 (d) It is the primary duty of a municipal prosecutor not to
31-8 convict, but to see that justice is done.
31-9 SECTION 52. Article 45.04, Code of Criminal Procedure, is
31-10 redesignated as Article 45.202 and amended to read as follows:
31-11 Art. 45.202 [45.04]. SERVICE OF PROCESS. (a) [Sec. 1.] All
31-12 process issuing out of a municipal [corporation] court may be
31-13 served and shall be served when directed by the court, by a peace
31-14 officer [policeman] or marshal of the municipality [city, town or
31-15 village] within which it is situated, under the same rules as are
31-16 provided by law for the service by sheriffs and constables of
31-17 process issuing out of the justice court, so far as applicable.
31-18 (b) [Sec. 2.] The peace officer [policeman] or marshal may
31-19 serve all process issuing out of a municipal [corporation] court
31-20 anywhere in the county in which the municipality [city, town or
31-21 village] is situated. If the municipality [city, town or village]
31-22 is situated in more than one county, the peace officer [policeman]
31-23 or marshal may serve the process throughout those counties.
31-24 [Sec. 3. A defendant is entitled to at least one day's
31-25 notice of any complaint against him, if such time is demanded.]
31-26 SECTION 53. Subchapter D, Chapter 45, Code of Criminal
31-27 Procedure, as designated by this Act, is amended by adding Section
32-1 45.203 to read as follows:
32-2 Art. 45.203. JURY CHARGE. The judge shall charge the jury
32-3 as required by law and on written request by:
32-4 (1) the attorney representing the state; or
32-5 (2) the defendant or the defendant's attorney.
32-6 SECTION 54. Article 45.06, Code of Criminal Procedure, is
32-7 redesignated as Article 45.204 and amended to read as follows:
32-8 Art. 45.204 [45.06]. COLLECTION OF FINES, COSTS, AND SPECIAL
32-9 EXPENSES. (a) The governing body of each municipality
32-10 [incorporated city, town or village] shall by ordinance prescribe
32-11 [such] rules, not inconsistent with any law of this state [State],
32-12 as may be proper to enforce the collection of fines imposed by a
32-13 municipal court. In addition to any other method of enforcement,
32-14 the municipality may enforce the collection of fines by:
32-15 (1) [, by] execution against the property of the
32-16 defendant;[,] or
32-17 (2) imprisonment of the defendant.
32-18 (b) The governing body of a municipality may [, the
32-19 collection of all fines imposed by such court, and shall also have
32-20 power to] adopt such rules and regulations, not inconsistent with
32-21 any law of this State, concerning the practice and procedure in the
32-22 municipal [such] court as the [said] governing body may consider
32-23 [deem] proper[, not inconsistent with any law of this State].
32-24 (c) The governing body of each municipality may prescribe by
32-25 ordinance the collection, after due notice, of [All such fines;] a
32-26 special expense, not to exceed $25 for the issuance and service of
32-27 a warrant of arrest for an offense under Section 38.10, Penal Code,
33-1 or Section 543.009, Transportation Code. Money collected from the
33-2 special expense [under Section 149, Uniform Act Regulating Traffic
33-3 on Highways (Article 6701d, Vernon's Texas Civil Statutes); and
33-4 the special expenses described in Article 17.04 dealing with the
33-5 requisites of a personal bond and a special expense for the
33-6 issuance and service of a warrant of arrest, after due notice, not
33-7 to exceed $25,] shall be paid into the municipal [city] treasury
33-8 for the use and benefit of the municipality [city, town or
33-9 village]. [The governing body of each incorporated city, town or
33-10 village may by ordinance authorize a municipal court to collect a
33-11 special expense for services performed in cases in which the laws
33-12 of this State require that the case be dismissed because of actions
33-13 by or on behalf of the defendant which were subsequent to the date
33-14 of the alleged offense. Such actions are limited to compliance
33-15 with the provisions of Subsection (a), Section 143A, Uniform Act
33-16 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
33-17 Statutes). Such special expense shall not exceed the actual
33-18 expenses incurred for the services or $10, whichever is less.]
33-19 (d) Costs may not be imposed or collected in criminal cases
33-20 in municipal court by municipal ordinance.
33-21 SECTION 55. Article 42.111, Code of Criminal Procedure, is
33-22 amended to read as follows:
33-23 Art. 42.111. Deferral of proceedings in cases appealed to
33-24 county court. If a defendant convicted of a misdemeanor punishable
33-25 by fine only appeals the conviction to a county court, on the trial
33-26 in county court the defendant may enter a plea of guilty or nolo
33-27 contendere to the offense. If the defendant enters a plea of
34-1 guilty or nolo contendere, the court may defer further proceedings
34-2 without entering an adjudication of guilt in the same manner as
34-3 provided for the deferral of proceedings in justice court or
34-4 municipal court under Article 45.051 [45.54] of this code. This
34-5 article does not apply to a misdemeanor case disposed of under
34-6 Subchapter B, Chapter 543, Transportation Code [by Section 143A,
34-7 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
34-8 Texas Civil Statutes)], or a serious traffic violation as defined
34-9 by Section 522.003, Transportation Code [in Section 3(26), Texas
34-10 Commercial Driver's License Act (Article 6687b-2, Revised
34-11 Statutes)].
34-12 SECTION 56. Articles 102.002(b) and (c), Code of Criminal
34-13 Procedure, are amended to read as follows:
34-14 (b) The justices of the peace and municipal courts shall
34-15 maintain a record of and the clerks of district and county courts
34-16 and county courts at law shall keep a book and record in the book:
34-17 (1) the number and style of each criminal action
34-18 before the court;
34-19 (2) the name of each witness subpoenaed, attached, or
34-20 recognized to testify in the action; and
34-21 (3) whether the witness was a witness for the state or
34-22 for the defendant.
34-23 (c) Except as otherwise provided by this subsection, a
34-24 defendant is liable on conviction for the fees provided by this
34-25 article for witnesses in the defendant's case. If a defendant
34-26 convicted of a misdemeanor does not pay his fines and costs, the
34-27 county or municipality, as appropriate, is liable for the fees
35-1 provided by this article for witnesses in the defendant's case.
35-2 SECTION 57. Article 102.004, Code of Criminal Procedure, is
35-3 amended to read as follows:
35-4 Art. 102.004. JURY FEE. (a) A defendant convicted by a jury
35-5 in a trial before a justice or municipal court shall pay a jury fee
35-6 of $3. A defendant in a justice or municipal court who requests a
35-7 trial by jury and who withdraws the request not earlier than 24
35-8 hours before the time of trial shall pay a jury fee of $3, if the
35-9 defendant is convicted of the offense or final disposition of the
35-10 defendant's case is deferred. A defendant convicted by a jury in
35-11 a county court, a county court at law, or a district court shall
35-12 pay a jury fee of $20.
35-13 (b) If two or more defendants are tried jointly in a justice
35-14 or municipal court, only one jury fee of $3 may be imposed under
35-15 this article. If the defendants sever and are tried separately,
35-16 each defendant convicted shall pay a jury fee.
35-17 SECTION 58. Article 45.11, Code of Criminal Procedure, is
35-18 redesignated as Article 44.281, Code of Criminal Procedure,
35-19 transferred to Chapter 44 of that code, and amended to read as
35-20 follows:
35-21 Art. 44.281 [45.11]. DISPOSITION OF FINES AND COSTS WHEN
35-22 MISDEMEANOR AFFIRMED [FEES]. In misdemeanor cases affirmed on
35-23 appeal from a municipal court, the [The] fine imposed on appeal
35-24 and the costs imposed on appeal shall be collected from [of] the
35-25 defendant, and the [such] fine of the municipal [corporation] court
35-26 when collected shall be paid into the municipal treasury.
35-27 SECTION 59. Section 30.00430(b), Government Code, is amended
36-1 to read as follows:
36-2 (b) Complaints must comply with Article 45.019 [45.17], Code
36-3 of Criminal Procedure.
36-4 SECTION 60. Section 30.00940(b), Government Code, is amended
36-5 to read as follows:
36-6 (b) Complaints must comply with Article 45.019 [45.17], Code
36-7 of Criminal Procedure.
36-8 SECTION 61. Section 30.01101(b), Government Code, is amended
36-9 to read as follows:
36-10 (b) Complaints must comply with Article 45.019 [45.17], Code
36-11 of Criminal Procedure.
36-12 SECTION 62. Section 30.01221(b), Government Code, is amended
36-13 to read as follows:
36-14 (b) Complaints must comply with Article 45.019 [45.17], Code
36-15 of Criminal Procedure.
36-16 SECTION 63. Section 406.014(d), Government Code, is amended
36-17 to read as follows:
36-18 (d) A notary public who administers an oath pursuant to
36-19 Article 45.019 [45.01], Code of Criminal Procedure, is exempt from
36-20 the requirement in Subsection (a) of recording that oath.
36-21 SECTION 64. Section 542.402(b), Transportation Code, is
36-22 amended to read as follows:
36-23 (b) In each fiscal year, a municipality having a population
36-24 of less than 5,000 may retain, from fines collected for violations
36-25 of highway laws in this subtitle and from special expenses
36-26 collected under Article 45.051 [45.54], Code of Criminal Procedure,
36-27 in cases in which a violation of this subtitle is alleged, an
37-1 amount equal to 30 percent of the municipality's revenue for the
37-2 preceding fiscal year from all sources, other than federal funds
37-3 and bond proceeds, as shown by the audit performed under Section
37-4 103.001, Local Government Code. After a municipality has retained
37-5 that amount, the municipality shall send to the comptroller any
37-6 portion of a fine or a special expense collected that exceeds $1.
37-7 SECTION 65. Section 543.204(a), Transportation Code, is
37-8 amended to read as follows:
37-9 (a) A justice of the peace or municipal judge who defers
37-10 further proceedings, suspends all or part of the imposition of the
37-11 fine, and places a defendant on probation under Article 45.051
37-12 [45.54], Code of Criminal Procedure, or a county court judge who
37-13 follows that procedure under Article 42.111, Code of Criminal
37-14 Procedure, may not submit a written record to the department,
37-15 except that if the justice or judge subsequently adjudicates the
37-16 defendant's guilt, the justice or judge shall submit the record not
37-17 later than the 30th day after the date on which the justice or
37-18 judge adjudicates guilt.
37-19 SECTION 66. Section 706.001(1), Transportation Code, is
37-20 amended to read as follows:
37-21 (1) "Complaint" means a notice of an offense as
37-22 described by Article 27.14(d) or 45.019 [45.01], Code of Criminal
37-23 Procedure.
37-24 SECTION 67. Articles 44.13, 45.01, 45.02, 45.05, 45.07,
37-25 45.08, 45.09, 45.12, 45.16, 45.19, 45.23, 45.26, 45.27, 45.32, and
37-26 45.49, Code of Criminal Procedure, are repealed.
37-27 SECTION 68. This Act takes effect September 1, 1999.
38-1 SECTION 69. (a) The changes in law made by this Act apply
38-2 to every act, proceeding, or event covered by a law amended by this
38-3 Act that occurs on or after the effective date of this Act, without
38-4 regard to whether the offense to which the act, proceeding, or
38-5 event applies occurred before, on, or after the effective date of
38-6 this Act, except as provided by Subsection (b) of this section.
38-7 (b) In a proceeding related to the prosecution of an offense
38-8 that occurs or is alleged to have occurred before the effective
38-9 date of this Act, the accused may elect to have the proceeding
38-10 governed by any provision of Chapter 45, Code of Criminal
38-11 Procedure, as that provision would have applied to the offense in
38-12 the absence of the changes made by this Act, and that prior law is
38-13 continued in effect for that purpose.
38-14 SECTION 70. The importance of this legislation and the
38-15 crowded condition of the calendars in both houses create an
38-16 emergency and an imperative public necessity that the
38-17 constitutional rule requiring bills to be read on three several
38-18 days in each house be suspended, and this rule is hereby suspended.