1-1 By: Ellis S.B. No. 1230
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 15, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 3, Nays 0; April 15, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1230 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the procedures governing the prosecution and
1-11 administration of misdemeanor offenses in the jurisdiction of the
1-12 justice and municipal courts.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 2.07, Code of Criminal Procedure, is
1-15 amended by adding Subsection (g) to read as follows:
1-16 (g) An attorney appointed under Subsection (a) to perform
1-17 the duties of the office of an attorney for the state in a justice
1-18 or municipal court may be paid a reasonable fee for performing
1-19 those duties.
1-20 SECTION 2. Article 4.12, Code of Criminal Procedure, is
1-21 amended to read as follows:
1-22 Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO
1-23 BE TRIED IN JUSTICE COURT. (a) Except as otherwise provided by
1-24 this article, a [A] misdemeanor case to be tried in justice court
1-25 shall be tried:
1-26 (1) in the precinct in which the offense was
1-27 committed;
1-28 (2) in the precinct[, or] in which the defendant or
1-29 any of the defendants reside; or
1-30 (3) [, or,] with the written consent of the state
1-31 [State] and each defendant or the defendant's [his] attorney, in
1-32 any other precinct within the county.
1-33 (b) In [; provided that in] any misdemeanor case in which
1-34 the offense was committed in a precinct where there is no qualified
1-35 justice [precinct] court, then trial shall be held:
1-36 (1) [had] in the next adjacent precinct in the same
1-37 county which has [may have] a duly qualified justice [precinct]
1-38 court; or
1-39 (2) [, or] in the precinct in which the defendant may
1-40 reside.
1-41 (c) In[; provided that in] any [such] misdemeanor case in
1-42 which each justice[, upon disqualification for any reason of all
1-43 justices] of the peace in the precinct where the offense was
1-44 committed is disqualified for any reason, such case may be tried in
1-45 the next adjoining precinct in the same county[,] having a duly
1-46 qualified justice of the peace.
1-47 SECTION 3. The heading to Chapter 45, Code of Criminal
1-48 Procedure, is amended to read as follows:
1-49 CHAPTER FORTY-FIVE. JUSTICE AND MUNICIPAL [CORPORATION] COURTS
1-50 SECTION 4. Chapter 45, Code of Criminal Procedure, is
1-51 amended by adding a new Subchapter A to read as follows:
1-52 SUBCHAPTER A. GENERAL PROVISIONS
1-53 Art. 45.001. OBJECTIVES OF CHAPTER. The purpose of this
1-54 chapter is to establish procedures for processing cases that come
1-55 within the criminal jurisdiction of the justice courts and
1-56 municipal courts. This chapter is intended and shall be construed
1-57 to achieve the following objectives:
1-58 (1) to provide fair notice to a person appearing in a
1-59 criminal proceeding before a justice or municipal court and a
1-60 meaningful opportunity for that person to be heard;
1-61 (2) to ensure appropriate dignity in court procedure
1-62 without undue formalism;
1-63 (3) to promote adherence to rules with sufficient
1-64 flexibility to serve the ends of justice; and
2-1 (4) to process cases without unnecessary expense or
2-2 delay.
2-3 Art. 45.002. APPLICATION OF CHAPTER. Criminal proceedings
2-4 in the justice and municipal courts shall be conducted in
2-5 accordance with this chapter, including any other rules of
2-6 procedure specifically made applicable to those proceedings by this
2-7 chapter. If this chapter does not provide a rule of procedure
2-8 governing any aspect of a case, the justice or judge shall apply
2-9 the other general provisions of this code to the extent necessary
2-10 to achieve the objectives of this chapter.
2-11 SECTION 5. The articles of Chapter 45, Code of Criminal
2-12 Procedure, added or redesignated by this Act as Articles 45.011
2-13 through 45.053, Code of Criminal Procedure, are designated as
2-14 Subchapter B of Chapter 45, Code of Criminal Procedure, and a
2-15 heading is added to that subchapter to read as follows:
2-16 SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS
2-17 SECTION 6. Article 45.38, Code of Criminal Procedure, is
2-18 redesignated as Article 45.011 and amended to read as follows:
2-19 Art. 45.011 [45.38]. RULES OF EVIDENCE. The rules of
2-20 evidence that [which] govern the trials of criminal actions in the
2-21 district court [shall] apply to a criminal proceeding [such
2-22 actions] in a justice or municipal court [courts].
2-23 SECTION 7. Article 45.021, Code of Criminal Procedure, is
2-24 redesignated as Article 45.012 and amended to read as follows:
2-25 Art. 45.012 [45.021]. ELECTRONICALLY CREATED RECORDS. (a)
2-26 Notwithstanding any other provision of law, a document that is
2-27 issued or maintained by a justice or municipal court may be created
2-28 by electronic means, including optical imaging, optical disk, or
2-29 other electronic reproduction technique that does not permit
2-30 changes, additions, or deletions to the originally created
2-31 document.
2-32 (b) The court may use electronic means to:
2-33 (1) produce a document required by law to be written;
2-34 [or]
2-35 (2) record an instrument, paper, or notice that is
2-36 permitted or required by law to be recorded or filed; or
2-37 (3) maintain a docket.
2-38 (c) The court shall maintain original documents as provided
2-39 by law.
2-40 (d) An electronically recorded judgment has the same force
2-41 and effect as a written signed judgment.
2-42 (e) A record created by electronic means is an original
2-43 record or a certification of the original record.
2-44 (f) [(e)] A printed copy of an optical image of the original
2-45 record printed from an optical disk system is an accurate copy of
2-46 the original record.
2-47 (g) A justice or municipal court may create a court seal if
2-48 required by law by electronic means, including optical imaging,
2-49 optical disk, or other electronic reproduction technique that does
2-50 not permit changes, additions, or deletions to an original document
2-51 created by the same type of system.
2-52 SECTION 8. Article 45.18, Code of Criminal Procedure, is
2-53 redesignated as Article 45.014 and amended to read as follows:
2-54 Art. 45.014 [45.18]. WARRANT OF ARREST [SHALL ISSUE].
2-55 (a) When a sworn complaint or affidavit based on probable cause
2-56 has been filed before the justice or municipal court [the
2-57 requirements of the preceding Article have been complied with], the
2-58 justice or judge may [shall] issue a warrant for the arrest of the
2-59 accused and deliver the same to the proper officer to be executed.
2-60 (b) The warrant is sufficient if:
2-61 (1) it is issued in the name of "The State of Texas";
2-62 (2) it is directed to the proper peace officer or some
2-63 other person specifically named in the warrant;
2-64 (3) it includes a command that the body of the accused
2-65 be taken, and brought before the authority issuing the warrant, at
2-66 the time and place stated in the warrant;
2-67 (4) it states the name of the person whose arrest is
2-68 ordered, if known, or if not known, it describes the person as in
2-69 the complaint;
3-1 (5) it states that the person is accused of some
3-2 offense against the laws of this state, naming the offense; and
3-3 (6) it is signed by the justice or judge, naming the
3-4 office of the justice or judge in the body of the warrant or in
3-5 connection with the signature of the justice or judge.
3-6 (c) Chapter 15 applies to a warrant of arrest issued under
3-7 this article, except as inconsistent or in conflict with this
3-8 chapter.
3-9 SECTION 9. Article 45.43, Code of Criminal Procedure, is
3-10 redesignated as Article 45.015 and amended to read as follows:
3-11 Art. 45.015 [45.43]. DEFENDANT PLACED IN JAIL. Whenever, by
3-12 the provisions of this title, the peace officer is authorized to
3-13 retain a defendant in custody, the peace officer [he] may place the
3-14 defendant [him] in jail in accordance with this code or other law
3-15 [or any other place where he can be safely kept].
3-16 SECTION 10. Article 45.41, Code of Criminal Procedure, is
3-17 redesignated as Article 45.016 and amended to read as follows:
3-18 Art. 45.016 [45.41]. [DEFENDANT TO GIVE] BAIL. The [In case
3-19 of adjournment, the] justice or judge may [shall] require the
3-20 defendant to give bail to secure the defendant's [for his]
3-21 appearance in accordance with this code. If the defendant [he]
3-22 fails to give bail, the defendant [he] may be held in custody.
3-23 SECTION 11. Article 45.13, Code of Criminal Procedure, is
3-24 redesignated as Article 45.017 and amended to read as follows:
3-25 Art. 45.017 [45.13]. CRIMINAL DOCKET. (a) The justice or
3-26 judge of each court, or, if directed by the justice or judge, the
3-27 clerk of the court, [Each justice of the peace and each municipal
3-28 court judge] shall keep a docket containing the following
3-29 information [in which he shall enter the proceedings in each trial
3-30 had before him, which docket shall show]:
3-31 (1) the [1. The] style and file number of each
3-32 criminal [the] action;
3-33 (2) the [2. The] nature of the offense charged;
3-34 (3) the plea offered by the defendant and the date the
3-35 plea was entered;
3-36 (4) the [3. The] date the warrant, if any, was issued
3-37 and the return made thereon;
3-38 (5) the date [4. The time when] the examination or
3-39 trial was held [had], and if a trial was held, whether it was by a
3-40 jury or by the justice or judge [himself];
3-41 (6) the [5. The] verdict of the jury, if any, and the
3-42 date of the verdict;
3-43 (7) the [6. The] judgment and sentence of the court,
3-44 and the date each was given;
3-45 (8) the motion [7. Motion] for new trial, if any, and
3-46 the decision thereon; and
3-47 (9) whether [8. If] an appeal was taken and the date
3-48 of that action[; and]
3-49 [9. The time when, and the manner in which, the judgment and
3-50 sentence was enforced].
3-51 (b) The information in the docket may be processed and
3-52 stored by the use of electronic data processing equipment, at the
3-53 discretion of the justice of the peace or the municipal court
3-54 judge.
3-55 SECTION 12. Subchapter B, Chapter 45, Code of Criminal
3-56 Procedure, as designated by this Act, is amended by adding Article
3-57 45.018 to read as follows:
3-58 Art. 45.018. COMPLAINT. (a) For purposes of this chapter,
3-59 a complaint is a sworn allegation charging the accused with the
3-60 commission of an offense.
3-61 (b) A defendant is entitled to notice of a complaint against
3-62 the defendant not later than the day before the date of any
3-63 proceeding in the prosecution of the defendant under the complaint.
3-64 The defendant may waive the right to notice granted by this
3-65 subsection.
3-66 SECTION 13. Article 45.17, Code of Criminal Procedure, is
3-67 redesignated as Article 45.019 and amended to read as follows:
3-68 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
3-69 STATE]. (a) A [Such] complaint is sufficient, without regard to
4-1 its form, if it substantially satisfies the following requisites
4-2 [shall state]:
4-3 (1) it must be in writing;
4-4 (2) it must commence "In the name and by the authority
4-5 of the State of Texas";
4-6 (3) it must state the [1. The] name of the accused,
4-7 if known, or [and] if unknown, must include a reasonably definite
4-8 description of the accused [shall describe him as accurately as
4-9 practicable];
4-10 (4) it must show that the accused has committed an
4-11 offense against the law of this state, or state that the affiant
4-12 has good reason to believe and does believe that the accused has
4-13 committed an offense against the law of this state [2. The offense
4-14 with which he is charged, in plain and intelligible words];
4-15 (5) it must state the time and date the offense was
4-16 committed as definitely as the affiant is able to provide;
4-17 (6) it must bear the signature or mark of the affiant;
4-18 and
4-19 (7) it must conclude with the words "Against the peace
4-20 and dignity of the State" and, if the offense charged is an offense
4-21 only under a municipal ordinance, it may also conclude with the
4-22 words "Contrary to the said ordinance".
4-23 (b) A complaint filed in justice court must allege that
4-24 [3. That] the offense was committed in the county in which the
4-25 complaint is made[; and]
4-26 [4. It must show, from the date of the offense stated
4-27 therein, that the offense is not barred by limitation].
4-28 (c) A complaint filed in municipal court must allege that
4-29 the offense was committed in the territorial limits of the
4-30 municipality in which the complaint is made.
4-31 (d) A complaint may be sworn to before any officer
4-32 authorized to administer oaths.
4-33 (e) A complaint in municipal court may be sworn to before:
4-34 (1) the municipal judge;
4-35 (2) the clerk of the court or a deputy clerk;
4-36 (3) the city secretary; or
4-37 (4) the city attorney or a deputy city attorney.
4-38 SECTION 14. Article 45.37, Code of Criminal Procedure, is
4-39 redesignated as Article 45.020 and amended to read as follows:
4-40 Art. 45.020 [45.37]. APPEARANCE [MAY APPEAR] BY COUNSEL.
4-41 (a) The defendant has a right to appear by counsel as in all other
4-42 cases.
4-43 (b) Not more than one counsel shall conduct either the
4-44 prosecution or defense. State's counsel may open and conclude the
4-45 argument.
4-46 SECTION 15. Article 45.33, Code of Criminal Procedure, is
4-47 redesignated as Article 45.021 and amended to read as follows:
4-48 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
4-49 pleading of the defendant in justice or municipal court may be oral
4-50 or in writing as the defendant may elect. [The justice shall note
4-51 upon his docket the plea offered.]
4-52 SECTION 16. Article 45.331, Code of Criminal Procedure, is
4-53 redesignated as Article 45.0215 and amended to read as follows:
4-54 Art. 45.0215 [45.331]. PLEA BY MINOR AND APPEARANCE OF
4-55 PARENT. (a) If a defendant is younger than 17 years of age and
4-56 has not had the disabilities of minority removed, the judge or
4-57 justice [court]:
4-58 (1) must take the defendant's plea in open court; and
4-59 (2) shall issue a summons to compel the defendant's
4-60 parent, guardian, or managing conservator to be present during:
4-61 (A) the taking of the defendant's plea; and
4-62 (B) all other proceedings relating to the case.
4-63 (b) If the court is unable to secure the appearance of the
4-64 defendant's parent, guardian, or managing conservator by issuance
4-65 of a summons, the court may, without the defendant's parent,
4-66 guardian, or managing conservator present, take the defendant's
4-67 plea and proceed against the defendant.
4-68 (c) If the defendant resides in a county other than the
4-69 county in which the alleged offense occurred, the defendant may,
5-1 with leave of the judge of the court of original jurisdiction
5-2 [court], enter the plea, including a plea under Article 45.052
5-3 [45.55], before a judge [justice] in the county in which the
5-4 defendant resides.
5-5 SECTION 17. Article 45.34, Code of Criminal Procedure, is
5-6 redesignated as Article 45.022 and amended to read as follows:
5-7 Art. 45.022 [45.34]. PLEA OF GUILTY OR NOLO CONTENDERE.
5-8 Proof as to the offense may be heard upon a plea of guilty or [and]
5-9 a plea of nolo contendere and the punishment assessed by the court
5-10 [or jury].
5-11 SECTION 18. Article 45.31, Code of Criminal Procedure, is
5-12 redesignated as Article 45.023 and amended to read as follows:
5-13 Art. 45.023 [45.31]. DEFENDANT'S PLEA [DEFENDANT SHALL
5-14 PLEAD]. After the jury is impaneled, or after the defendant has
5-15 waived trial by jury, the defendant may:
5-16 (1) plead guilty or not guilty;
5-17 (2) [or may] enter a plea of nolo contendere;[,] or
5-18 (3) enter the special plea of double jeopardy as
5-19 described by Article 27.05 [named in the succeeding Article].
5-20 SECTION 19. Article 45.35, Code of Criminal Procedure, is
5-21 redesignated as Article 45.024 and amended to read as follows:
5-22 Art. 45.024 [45.35]. DEFENDANT'S REFUSAL [IF DEFENDANT
5-23 REFUSES] TO PLEAD. The justice or judge shall enter a plea of not
5-24 guilty if the defendant refuses to plead.
5-25 SECTION 20. Article 45.24, Code of Criminal Procedure, is
5-26 redesignated as Article 45.025 and amended to read as follows:
5-27 Art. 45.025 [45.24]. DEFENDANT MAY WAIVE JURY. The accused
5-28 may waive a trial by jury orally or in writing. If the defendant
5-29 waives a trial by jury[; and in such case], the justice or judge
5-30 shall hear and determine the cause without a jury.
5-31 SECTION 21. Article 45.251, Code of Criminal Procedure, is
5-32 redesignated as Article 45.026 and amended to read as follows:
5-33 Art. 45.026 [45.251]. [DEMAND FOR] JURY TRIAL [IN JUSTICE
5-34 COURT OR MUNICIPAL COURT]; FAILURE TO APPEAR. (a) A justice or
5-35 municipal court may order a party who does not waive [demands] a
5-36 jury trial in a justice or municipal court and who fails to appear
5-37 for the trial to pay the costs incurred for impaneling the jury.
5-38 (b) The justice or municipal court may release a party from
5-39 the obligation to pay costs under this section for good cause.
5-40 (c) An order issued by a justice or municipal court under
5-41 this section may be enforced by contempt as prescribed by Section
5-42 21.002(c), Government Code.
5-43 SECTION 22. Article 45.25, Code of Criminal Procedure, is
5-44 redesignated as Article 45.027 and amended to read as follows:
5-45 Art. 45.027 [45.25]. JURY SUMMONED. (a) If the accused
5-46 does not waive a trial by jury, the justice or judge shall issue a
5-47 writ commanding the proper officer to summon [forthwith] a venire
5-48 from which six qualified persons shall be selected to serve as
5-49 jurors in the case.
5-50 (b) The [Said] jurors when so summoned shall remain in
5-51 attendance as jurors in all cases that may come up for hearing
5-52 until discharged by the court.
5-53 (c) Any person so summoned who fails to attend may be fined
5-54 an amount not to exceed [exceeding] $100 for contempt.
5-55 SECTION 23. Article 45.29, Code of Criminal Procedure, is
5-56 redesignated as Article 45.028 and amended to read as follows:
5-57 Art. 45.028 [45.29]. OTHER JURORS SUMMONED. If, from
5-58 challenges or any other cause, a sufficient number of jurors are
5-59 not in attendance, the justice or judge shall order the proper
5-60 officer to summon a sufficient number of qualified persons to form
5-61 the jury.
5-62 SECTION 24. Article 45.28, Code of Criminal Procedure, is
5-63 redesignated as Article 45.029 and amended to read as follows:
5-64 Art. 45.029 [45.28]. PEREMPTORY CHALLENGES [CHALLENGE OF
5-65 JURORS]. In all jury trials in a [the] justice or municipal court,
5-66 the state [State] and each defendant in the case is [shall be]
5-67 entitled to three peremptory challenges[, and also to any number of
5-68 challenges for cause, which cause shall be judged of by the
5-69 justice].
6-1 SECTION 25. Article 45.30, Code of Criminal Procedure, is
6-2 redesignated as Article 45.030 and amended to read as follows:
6-3 Art. 45.030 [45.30]. FORMATION OF [OATH TO] JURY. The
6-4 justice or judge shall form the jury and administer the appropriate
6-5 [following] oath in accordance with Chapter 35 [to the jury: "Each
6-6 of you do solemnly swear that you will well and truly try the cause
6-7 about to be submitted to you and a true verdict render therein,
6-8 according to the law and the evidence, so help you God"].
6-9 SECTION 26. Article 45.36, Code of Criminal Procedure, is
6-10 redesignated as Article 45.031 and amended to read as follows:
6-11 Art. 45.031 [45.36]. COUNSEL FOR STATE NOT PRESENT
6-12 [WITNESSES EXAMINED BY WHOM]. If [The justice shall examine the
6-13 witnesses if] the state [State] is not represented by counsel when
6-14 the case is called for trial, the justice or judge may:
6-15 (1) postpone the trial to a date certain;
6-16 (2) appoint an attorney pro tem as provided by this
6-17 code to represent the state; or
6-18 (3) proceed to trial.
6-19 SECTION 27. Article 45.031, Code of Criminal Procedure, is
6-20 redesignated as Article 45.032 and amended to read as follows:
6-21 Art. 45.032 [45.031]. DIRECTED VERDICT. If, upon the trial
6-22 of a case in a justice or municipal [corporation] court, [there is
6-23 a material variance between the allegations in the complaint and
6-24 the proof offered by the state, or] the state fails [has failed] to
6-25 prove a prima facie case of the offense alleged in the complaint,
6-26 the defendant is entitled to a directed verdict of "not guilty."
6-27 [guilty" as in any other criminal case.]
6-28 SECTION 28. Subchapter B, Chapter 45, Code of Criminal
6-29 Procedure, as designated by this Act, is amended by adding Article
6-30 45.033 to read as follows:
6-31 Art. 45.033. JURY CHARGE. The judge shall charge the jury
6-32 orally, in writing, or as otherwise required by law.
6-33 SECTION 29. Article 45.39, Code of Criminal Procedure, is
6-34 redesignated as Article 45.034 and amended to read as follows:
6-35 Art. 45.034 [45.39]. JURY KEPT TOGETHER. The jury shall
6-36 retire in charge of an officer when the cause is submitted to them,
6-37 and be kept together until they agree to a verdict, [or] are
6-38 discharged, or the court recesses.
6-39 SECTION 30. Article 45.40, Code of Criminal Procedure, is
6-40 redesignated as Article 45.035 and amended to read as follows:
6-41 Art. 45.035 [45.40]. MISTRIAL. A jury shall be discharged
6-42 if it fails to agree to a verdict after being kept together a
6-43 reasonable time. If a jury is discharged because it fails to agree
6-44 to a verdict, [there be time left on the same day, another jury may
6-45 be impaneled to try the cause, or] the justice or judge may
6-46 [adjourn for not more than 30 days and again] impanel another [a]
6-47 jury as soon as practicable to try such cause.
6-48 SECTION 31. Article 45.42, Code of Criminal Procedure, is
6-49 redesignated as Article 45.036 and amended to read as follows:
6-50 Art. 45.036 [45.42]. VERDICT. (a) When the jury has agreed
6-51 on [upon] a verdict, the jury [it] shall bring the verdict [same]
6-52 into court.
6-53 (b) The [; and the] justice or judge shall see that the
6-54 verdict [it] is in proper form and shall [enter it upon his docket
6-55 and] render the proper judgment and sentence on the verdict
6-56 [thereon].
6-57 SECTION 32. Article 45.45, Code of Criminal Procedure, is
6-58 redesignated as Article 45.037 and amended to read as follows:
6-59 Art. 45.037 [45.45]. MOTION FOR NEW TRIAL. A motion [An
6-60 application] for a new trial must be made within one day after the
6-61 rendition of judgment and sentence, and not afterward [; and the
6-62 execution of the judgment and sentence shall not be stayed until a
6-63 new trial has been granted].
6-64 SECTION 33. Article 45.44, Code of Criminal Procedure, is
6-65 redesignated as Article 45.038 and amended to read as follows:
6-66 Art. 45.038 [45.44]. NEW TRIAL GRANTED. (a) Not later than
6-67 the 10th day after the date that the judgment is entered, a [A]
6-68 justice or judge may, for good cause shown, grant the defendant a
6-69 new trial, whenever the justice or judge [he] considers that
7-1 justice has not been done the defendant in the trial of the [such]
7-2 case.
7-3 (b) If a motion for a new trial is not granted before the
7-4 11th day after the date that the judgment is entered, the motion
7-5 shall be considered denied.
7-6 SECTION 34. Article 45.46, Code of Criminal Procedure, is
7-7 redesignated as Article 45.039 and amended to read as follows:
7-8 Art. 45.039 [45.46]. ONLY ONE NEW TRIAL GRANTED. Not more
7-9 than one new trial shall be granted the defendant in the same case.
7-10 When a new trial has been granted, the justice or judge shall
7-11 proceed, as soon as practicable, to try the case again.
7-12 SECTION 35. Article 45.47, Code of Criminal Procedure, is
7-13 redesignated as Article 45.040 and amended to read as follows:
7-14 Art. 45.040 [45.47]. STATE NOT ENTITLED TO NEW TRIAL. In no
7-15 case shall the state [State] be entitled to a new trial.
7-16 SECTION 36. Article 45.50, Code of Criminal Procedure, is
7-17 redesignated as Article 45.041 and amended to read as follows:
7-18 Art. 45.041 [45.50]. [THE] JUDGMENT. (a) The judgment and
7-19 sentence, in case of conviction in a criminal action before a
7-20 justice of the peace or municipal court judge, shall be that the
7-21 defendant pay the amount of the fine and costs to the state.
7-22 (b) The justice or judge may direct the defendant:
7-23 (1) to pay:
7-24 (A) the entire fine and costs when sentence is
7-25 pronounced; [or]
7-26 (B) [(2) to pay] the entire fine and costs at
7-27 some later date; or
7-28 (C) [(3) to pay] a specified portion of the
7-29 fine and costs at designated intervals;
7-30 (2) if applicable, to make restitution to any victim
7-31 of the offense in an amount not to exceed $500; and
7-32 (3) to satisfy any other sanction authorized by law.
7-33 (c) The justice or judge shall credit the defendant for time
7-34 served in jail as provided by Article 42.03. The credit shall be
7-35 applied to the amount of the fine and costs at the rate provided by
7-36 Article 45.048.
7-37 (d) All judgments, sentences, and final orders of the
7-38 justice or judge shall be rendered in open court.
7-39 SECTION 37. Article 45.10, Code of Criminal Procedure, is
7-40 redesignated as Article 45.042 and amended to read as follows:
7-41 Art. 45.042 [45.10]. APPEAL. (a) Appeals from a justice or
7-42 municipal court, including appeals from final judgments in bond
7-43 forfeiture proceedings, shall be heard by the county court except
7-44 in cases where the county court has no jurisdiction, in which
7-45 counties such appeals shall be heard by the proper court.
7-46 (b) Unless the appeal is taken from a municipal court of
7-47 record and the appeal is based on error reflected in the record,
7-48 the trial shall be de novo [in the proper court. Said appeals
7-49 shall be governed by the rules of practice and procedure for
7-50 appeals from justice courts to the county court, as far as
7-51 applicable].
7-52 (c) In an appeal from the judgment and sentence of a justice
7-53 or municipal court, if the defendant is in custody, the defendant
7-54 is to be committed to jail unless the defendant gives bail.
7-55 SECTION 38. Subchapter B, Chapter 45, Code of Criminal
7-56 Procedure, as designated by this Act, is amended by adding Article
7-57 45.0425 to read as follows:
7-58 Art. 45.0425. APPEAL BOND. (a) If the court from whose
7-59 judgment and sentence the appeal is taken is in session, the court
7-60 must approve the bail. The amount of a bail bond may not be less
7-61 than two times the amount of the fine and costs adjudged against
7-62 the defendant, payable to the State of Texas. The bail may not in
7-63 any case be for a sum less than $50. If the appeal bond otherwise
7-64 meets the requirements of this code, the court without requiring a
7-65 court appearance by the defendant shall approve the appeal bond in
7-66 the amount the court under Article 27.14(b) notified the defendant
7-67 would be approved.
7-68 (b) An appeal bond shall recite that in the cause the
7-69 defendant was convicted and has appealed and be conditioned that
8-1 the defendant shall make the defendant's personal appearance before
8-2 the court to which the appeal is taken instanter, if the court is
8-3 in session, or, if the court is not in session, at its next regular
8-4 term, stating the time and place of that session, and there remain
8-5 from day to day and term to term, and answer in the cause in the
8-6 court.
8-7 SECTION 39. Article 44.14, Code of Criminal Procedure, is
8-8 redesignated as Article 45.0426 of Subchapter B, Chapter 45, Code
8-9 of Criminal Procedure, as designated by this Act, and amended to
8-10 read as follows:
8-11 Art. 45.0426 [44.14]. FILING BOND PERFECTS APPEAL.
8-12 (a) When [In appeals from justice and municipal courts, when] the
8-13 appeal bond [provided for in the preceding Article] has been filed
8-14 with the justice or judge who tried the case not later than the
8-15 10th day after the date the judgment was entered, the appeal in
8-16 such case shall be held to be perfected.
8-17 (b) If an appeal bond is not timely filed, the appellate
8-18 [appeal] court does not have jurisdiction over the case and shall
8-19 remand the case to the justice or municipal court for execution of
8-20 the sentence.
8-21 (c) An [No] appeal may not [shall] be dismissed because the
8-22 defendant failed to give notice of appeal in open court. An appeal
8-23 by the defendant or the state may not be dismissed on account of
8-24 any defect in the transcript.
8-25 SECTION 40. Article 45.48, Code of Criminal Procedure, is
8-26 redesignated as Article 45.043 and amended to read as follows:
8-27 Art. 45.043 [45.48]. EFFECT OF APPEAL. When a defendant
8-28 files the appeal bond required by law with the justice or municipal
8-29 court, all further proceedings [proceeding] in the case in the
8-30 justice or municipal court shall cease.
8-31 SECTION 41. Article 45.231, Code of Criminal Procedure, is
8-32 redesignated as Article 45.044 and amended to read as follows:
8-33 Art. 45.044 [45.231]. FORFEITURE OF CASH BOND IN
8-34 SATISFACTION OF FINE. (a) A justice or judge may enter a judgment
8-35 of conviction and forfeit a cash bond posted by the defendant in
8-36 satisfaction of the defendant's fine and cost if the defendant:
8-37 (1) has entered a written and signed plea of nolo
8-38 contendere and a waiver of jury trial; and
8-39 (2) fails to appear according to the terms of the
8-40 defendant's release.
8-41 (b) A justice or judge who enters a judgment of conviction
8-42 and forfeiture under Subsection (a) of this article shall
8-43 immediately notify the defendant in writing, by regular mail
8-44 addressed to the defendant at the defendant's last known address,
8-45 that:
8-46 (1) a judgment of conviction and forfeiture of bond
8-47 was entered against the defendant on a date certain and the
8-48 forfeiture satisfies the defendant's fine and costs in the case;
8-49 and
8-50 (2) the defendant has a right to a new trial in the
8-51 case if the defendant applies for the new trial not later than the
8-52 10th day after the date of judgment and forfeiture.
8-53 (c) Notwithstanding Article 45.037 [45.45] of this code, the
8-54 defendant may file a motion [apply] for a new trial within the
8-55 period provided by Subsection (b) of this article, and the court
8-56 shall grant the motion [application] if the motion [application] is
8-57 made within that [the] period. On the new trial, the court shall
8-58 permit the defendant to withdraw the previously entered plea of
8-59 nolo contendere and waiver of jury trial.
8-60 SECTION 42. Article 45.51, Code of Criminal Procedure, is
8-61 redesignated as Article 45.045 and amended to read as follows:
8-62 Art. 45.045 [45.51]. CAPIAS PRO FINE. [(a)] If the
8-63 defendant is not in custody when the judgment is rendered or if the
8-64 defendant fails to satisfy the judgment according to its terms, the
8-65 court may order a capias pro fine issued for the defendant's [his]
8-66 arrest. The capias pro fine shall state the amount of the judgment
8-67 and sentence, and command the appropriate peace officer [sheriff]
8-68 to bring the defendant before the court or place the defendant
8-69 [him] in jail until the defendant [he] can be brought before the
9-1 court.
9-2 [(b) If the defendant escapes from custody after judgment is
9-3 rendered, a capias shall issue for his arrest and confinement until
9-4 he is legally discharged.]
9-5 SECTION 43. Article 45.52, Code of Criminal Procedure, is
9-6 redesignated as Article 45.046 and amended to read as follows:
9-7 Art. 45.046 [45.52]. COMMITMENT [COLLECTION OF FINES].
9-8 (a) When a judgment and sentence have been entered [rendered]
9-9 against a defendant [for a fine and costs] and the defendant [he]
9-10 defaults in the discharge of the judgment [payment], the judge
9-11 [justice] may order the defendant confined [him imprisoned] in jail
9-12 until discharged by law if the judge determines that:
9-13 (1) the defendant intentionally failed to make
9-14 sufficient bona fide efforts to discharge the judgment; and
9-15 (2) the defendant is not indigent.
9-16 (b) A certified copy of the judgment, sentence, and order is
9-17 sufficient to authorize such confinement [imprisonment].
9-18 [(b) The justice may order the fine and costs collected by
9-19 execution against the defendant's property in the same manner as a
9-20 judgment in a civil suit.]
9-21 SECTION 44. Subchapter B, Chapter 45, Code of Criminal
9-22 Procedure, as designated by this Act, is amended by adding Article
9-23 45.047 to read as follows:
9-24 Art. 45.047. CIVIL COLLECTION OF FINES AFTER JUDGMENT. If
9-25 after a judgment and sentence is entered the defendant defaults in
9-26 payment of a fine, the justice or judge may order the fine and
9-27 costs collected by execution against the defendant's property in
9-28 the same manner as a judgment in a civil suit.
9-29 SECTION 45. Article 45.53, Code of Criminal Procedure, is
9-30 redesignated as Article 45.048 and amended to read as follows:
9-31 Art. 45.048 [45.53]. DISCHARGED FROM JAIL. A defendant
9-32 placed in jail on account of failure to pay the fine and costs
9-33 shall [can] be discharged on habeas corpus by showing that the
9-34 defendant:
9-35 (1) [1. That he] is too poor to pay the fine and
9-36 costs; or [and]
9-37 (2) [2. That he] has remained in jail a sufficient
9-38 length of time to satisfy the fine and costs, at the rate of not
9-39 less than $100 [$15] for each day or part of a day of jail time
9-40 served.
9-41 SECTION 46. Articles 45.521 and 45.522, Code of Criminal
9-42 Procedure, are redesignated as Articles 45.049 and 45.050 and
9-43 amended to read as follows:
9-44 Art. 45.049 [45.521]. COMMUNITY SERVICE IN SATISFACTION OF
9-45 FINE OR COSTS. (a) A justice or judge may require a defendant who
9-46 fails to pay a previously assessed fine or costs, or who is
9-47 determined by the court to have insufficient resources or income to
9-48 pay a fine or costs, to discharge all or part of the fine or costs
9-49 by performing community service. A defendant may discharge an
9-50 obligation to perform community service under this article by
9-51 paying at any time the fine and costs assessed.
9-52 (b) In the justice's or judge's order requiring a defendant
9-53 to participate in community service work under this article, the
9-54 justice or judge must specify[:]
9-55 [(1)] the number of hours the defendant is required to
9-56 work[;]
9-57 [(2) the entity or organization for which the
9-58 defendant is required to work; and]
9-59 [(3) the project on which the defendant is required to
9-60 work].
9-61 (c) The justice or judge may order the defendant to perform
9-62 community service work under this article only for a governmental
9-63 entity or a nonprofit organization that provides services to the
9-64 general public that enhance social welfare and the general
9-65 well-being of the community. A governmental entity or nonprofit
9-66 organization that accepts a defendant under this article to perform
9-67 community service must agree to supervise the defendant in the
9-68 performance of the defendant's work and report on the defendant's
9-69 work to the justice or judge who ordered the community service.
10-1 (d) A justice or judge may not order a defendant to perform
10-2 more than 16 hours per week of community service under this article
10-3 unless the justice or judge determines that requiring the defendant
10-4 to work additional hours does not work a hardship on the defendant
10-5 or the defendant's dependents.
10-6 (e) A defendant is considered to have discharged $100 [$50]
10-7 of fines or costs for each eight hours of community service
10-8 performed under this article.
10-9 (f) A sheriff, employee of a sheriff's department, county
10-10 commissioner, county employee, county judge, justice of the peace,
10-11 municipal court judge, or officer or employee of a political
10-12 subdivision other than a county is not liable for damages arising
10-13 from an act or failure to act in connection with manual labor
10-14 performed by a defendant under this article if the act or failure
10-15 to act:
10-16 (1) was performed pursuant to court order; and
10-17 (2) was not intentional, wilfully or wantonly
10-18 negligent, or performed with conscious indifference or reckless
10-19 disregard for the safety of others.
10-20 Art. 45.050 [45.522]. FAILURE TO PAY FINE; CONTEMPT:
10-21 JUVENILES. (a) A justice court or municipal court may not order
10-22 the confinement of a person who is a child for the purposes of
10-23 Title 3, Family Code, for the failure to pay all or any part of a
10-24 fine or costs imposed for the conviction of an offense punishable
10-25 by fine only.
10-26 (b) If a person who is a child under Section 51.02, Family
10-27 Code, [Section 51.03(a)(3), Family Code, and the procedures for the
10-28 adjudication of a child for delinquent conduct apply to a child
10-29 who] fails to obey an order of a justice or municipal court under
10-30 circumstances that would constitute contempt of court, the justice
10-31 or municipal court has jurisdiction to:
10-32 (1) hold the child in contempt of the justice or
10-33 municipal court order as provided by Section 52.027(h), Family
10-34 Code; or
10-35 (2) refer the child to the appropriate juvenile court
10-36 for delinquent conduct for contempt of the justice or municipal
10-37 court order.
10-38 SECTION 47. Article 45.54, Code of Criminal Procedure, is
10-39 redesignated as Article 45.051 and amended to read as follows:
10-40 Art. 45.051 [45.54]. SUSPENSION OF SENTENCE AND DEFERRAL OF
10-41 FINAL DISPOSITION. (a) [(1)] On a plea of guilty or nolo
10-42 contendere by a defendant or on a finding of guilt [in a
10-43 misdemeanor case punishable by fine only] and payment of all court
10-44 costs, the justice or judge may defer further proceedings without
10-45 entering an adjudication of guilt and place the defendant on
10-46 probation for a period not to exceed 180 days. This article does
10-47 not apply to:
10-48 (1) a misdemeanor case disposed of under Subchapter B,
10-49 Chapter 543, Transportation Code; [by Section 143A, Uniform Act
10-50 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
10-51 Statutes),] or
10-52 (2) a serious traffic violation as defined by Section
10-53 522.003, Transportation Code [in Section 3(26), Texas Commercial
10-54 Driver's License Act (Article 6687b-2, Revised Statutes)].
10-55 (b) [(2)] During the deferral period, the justice or judge
10-56 shall require the defendant to successfully complete a Texas
10-57 [Central] Education Agency-approved driving safety course, if the
10-58 offense alleged is an offense involving the operation of a motor
10-59 vehicle, other than a commercial motor vehicle, as defined by
10-60 Section 522.003, Transportation Code [in Subdivision (6), Section
10-61 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised
10-62 Statutes)], and the defendant:
10-63 (1) [(A)] has completed an approved driving safety
10-64 course within the preceding 12 months; or
10-65 (2) [(B)] is a first-time offender who elects deferred
10-66 adjudication.
10-67 (c) [(3)] During the [said] deferral period, the justice or
10-68 judge may require the defendant to:
10-69 (1) [(a)] post a bond in the amount of the fine
11-1 assessed to secure payment of the fine;
11-2 (2) [(b)] pay restitution to the victim of the offense
11-3 in an amount not to exceed the fine assessed;
11-4 (3) [(c)] submit to professional counseling;
11-5 (4) [(d)] comply with any other reasonable condition;
11-6 and
11-7 (5) [(e) require the defendant to] successfully
11-8 complete a Texas [Central] Education Agency approved driving safety
11-9 course, if:
11-10 (A) [(1)] the offense alleged is an offense
11-11 involving the operation of a motor vehicle, other than a commercial
11-12 motor vehicle, as defined by Section 522.003, Transportation Code
11-13 [in Subdivision (6), Section 3, Texas Commercial Driver's License
11-14 Act (Article 6687b-2, Revised Statutes)]; and
11-15 (B) [(2)] the defendant has not completed an
11-16 approved driving safety course within the preceding 12 months.
11-17 (d) [(4)] At the conclusion of the deferral period, if the
11-18 defendant presents satisfactory evidence that the defendant [he]
11-19 has complied with the requirements imposed, the justice or judge
11-20 shall dismiss the complaint, and it shall be clearly noted in the
11-21 docket that the complaint is dismissed and that there is not a
11-22 final conviction. Otherwise, the justice or judge may proceed with
11-23 an adjudication of guilt without notice or a hearing. After an
11-24 adjudication of guilt, the justice or judge may reduce the fine
11-25 assessed or may then impose the fine assessed, less any portion of
11-26 the assessed fine that has been paid. If the complaint is
11-27 dismissed, a special expense not to exceed the amount of the fine
11-28 assessed may be imposed.
11-29 (e) [(5)] If at the conclusion of the deferral period the
11-30 defendant does not present satisfactory evidence that the defendant
11-31 complied with the requirements imposed, the justice or judge may
11-32 impose the fine assessed or impose a lesser fine. The imposition
11-33 of the fine or lesser fine constitutes a final conviction of the
11-34 defendant.
11-35 (f) [(6)] Records relating to a complaint dismissed as
11-36 provided by this article may be expunged under Article 55.01 of
11-37 this code. If a complaint is dismissed under this article, there
11-38 is not a final conviction and the complaint may not be used against
11-39 the person for any purpose.
11-40 SECTION 48. Article 45.55, Code of Criminal Procedure, is
11-41 redesignated as Article 45.052 to read as follows:
11-42 Art. 45.052 [45.55]. DISMISSAL OF MISDEMEANOR CHARGE ON
11-43 COMPLETION OF TEEN COURT PROGRAM. (a) A justice or municipal
11-44 court may defer proceedings against a defendant who is under the
11-45 age of 18 or enrolled full time in an accredited secondary school
11-46 in a program leading toward a high school diploma for 90 days if
11-47 the defendant:
11-48 (1) is charged with a misdemeanor punishable by fine
11-49 only or a violation of a penal ordinance of a political
11-50 subdivision, including a traffic offense punishable by fine only;
11-51 (2) pleads nolo contendere or guilty to the offense in
11-52 open court with the defendant's parent, guardian, or managing
11-53 conservator present;
11-54 (3) presents to the court an oral or written request
11-55 to attend a teen court program; and
11-56 (4) has not successfully completed a teen court
11-57 program in the two years preceding the date that the alleged
11-58 offense occurred.
11-59 (b) The teen court program must be approved by the court.
11-60 (c) The justice or municipal court shall dismiss the charge
11-61 at the conclusion of the deferral period if the defendant presents
11-62 satisfactory evidence that the defendant has successfully completed
11-63 the teen court program.
11-64 (d) A charge dismissed under this article may not be part of
11-65 the defendant's criminal record or driving record or used for any
11-66 purpose. However, if the charge was for a traffic offense, the
11-67 court shall report to the Department of Public Safety that the
11-68 defendant successfully completed the teen court program and the
11-69 date of completion for inclusion in the defendant's driving record.
12-1 (e) The justice or municipal court may require a person who
12-2 requests a teen court program to pay a fee not to exceed $10 that
12-3 is set by the court to cover the costs of administering this
12-4 article. Fees collected by a municipal court shall be deposited in
12-5 the municipal treasury. Fees collected by a justice court shall be
12-6 deposited in the county treasury of the county in which the court
12-7 is located. A person who requests a teen court program and fails
12-8 to complete the program is not entitled to a refund of the fee.
12-9 (f) A court may transfer a case in which proceedings have
12-10 been deferred under this section to a court in a contiguous county
12-11 if the court to which the case is transferred consents. A case may
12-12 not be transferred unless it is within the jurisdiction of the
12-13 court to which it is transferred.
12-14 (g) In addition to the fee authorized by Subsection (e) of
12-15 this article, the court may require a child who requests a teen
12-16 court program to pay a $10 fee to cover the cost to the teen court
12-17 for performing its duties under this article. The court shall pay
12-18 the fee to the teen court program, and the teen court program must
12-19 account to the court for the receipt and disbursal of the fee. A
12-20 child who pays a fee under this subsection is not entitled to a
12-21 refund of the fee, regardless of whether the child successfully
12-22 completes the teen court program.
12-23 (h) A justice or municipal court may exempt a defendant for
12-24 whom proceedings are deferred under this article from the
12-25 requirement to pay a court cost or fee that is imposed by another
12-26 statute.
12-27 SECTION 49. Article 45.56, Code of Criminal Procedure, is
12-28 redesignated as Article 45.053 to read as follows:
12-29 Art. 45.053 [45.56]. DISMISSAL OF MISDEMEANOR CHARGE ON
12-30 COMMITMENT OF CHEMICALLY DEPENDENT PERSON. (a) On a plea of
12-31 guilty or nolo contendere by a defendant or on a finding of guilt
12-32 in a misdemeanor case punishable by a fine only, a justice or
12-33 municipal court may defer further proceedings for 90 days without
12-34 entering an adjudication of guilt if:
12-35 (1) the court finds that the offense resulted from or
12-36 was related to the defendant's chemical dependency; and
12-37 (2) an application for court-ordered treatment of the
12-38 defendant is filed in accordance with Chapter 462, Health and
12-39 Safety Code.
12-40 (b) At the end of the deferral period, the justice or
12-41 municipal court shall dismiss the charge if satisfactory evidence
12-42 is presented that the defendant was committed for and completed
12-43 court-ordered treatment in accordance with Chapter 462, Health and
12-44 Safety Code, and it shall be clearly noted in the docket that the
12-45 complaint is dismissed and that there is not a final conviction.
12-46 (c) If at the conclusion of the deferral period satisfactory
12-47 evidence that the defendant was committed for and completed
12-48 court-ordered treatment in accordance with Chapter 462, Health and
12-49 Safety Code, is not presented, the justice or municipal court may
12-50 impose the fine assessed or impose a lesser fine. The imposition
12-51 of a fine constitutes a final conviction of the defendant.
12-52 (d) Records relating to a complaint dismissed under this
12-53 article may be expunged under Article 55.01 of this code. If a
12-54 complaint is dismissed under this article, there is not a final
12-55 conviction and the complaint may not be used against the person for
12-56 any purpose.
12-57 SECTION 50. Article 45.101, as added by this Act, and
12-58 Articles 45.102 and 45.103, as redesignated by this Act, are
12-59 designated as Subchapter C of Chapter 45, Code of Criminal
12-60 Procedure, and a heading is added to that subchapter to read as
12-61 follows:
12-62 SUBCHAPTER C. PROCEDURES IN JUSTICE COURT
12-63 SECTION 51. Subchapter C, Chapter 45, Code of Criminal
12-64 Procedure, as designated by this Act, is amended by adding Article
12-65 45.101 to read as follows:
12-66 Art. 45.101. JUSTICE COURT PROSECUTIONS. (a) All
12-67 prosecutions in a justice court shall be conducted by the county or
12-68 district attorney or a deputy county or district attorney.
12-69 (b) Except as otherwise provided by law, appeals from
13-1 justice court may be prosecuted by the district attorney or a
13-2 deputy district attorney with the consent of the county attorney.
13-3 SECTION 52. Article 45.21, Code of Criminal Procedure, is
13-4 redesignated as Article 45.102 and amended to read as follows:
13-5 Art. 45.102 [45.21]. OFFENSES COMMITTED IN ANOTHER COUNTY.
13-6 Whenever complaint is made before any justice of the peace that a
13-7 felony has been committed in any other than a county in which the
13-8 complaint is made, the [such] justice shall issue a [his] warrant
13-9 for the arrest of the accused, directed as in other cases,
13-10 commanding that the accused be arrested and taken before any
13-11 magistrate of the county where such felony is alleged to have been
13-12 committed, forthwith, for examination as in other cases.
13-13 SECTION 53. Article 45.15, Code of Criminal Procedure, is
13-14 redesignated as Article 45.103 and amended to read as follows:
13-15 Art. 45.103 [45.15]. WARRANT WITHOUT COMPLAINT. If
13-16 [Whenever] a criminal offense that [which] a justice of the peace
13-17 has jurisdiction to try is [shall be] committed within the view of
13-18 the [such] justice, the justice [he] may issue a [his] warrant for
13-19 the arrest of the offender.
13-20 SECTION 54. Articles 45.201, 45.202, and 45.203, as
13-21 redesignated or added by this Act, are designated as Subchapter D
13-22 of Chapter 45, Code of Criminal Procedure, and a heading is added
13-23 to that subchapter to read as follows:
13-24 SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT
13-25 SECTION 55. Article 45.03, Code of Criminal Procedure, is
13-26 redesignated as Article 45.201 and amended to read as follows:
13-27 Art. 45.201 [45.03]. MUNICIPAL PROSECUTIONS. (a) All
13-28 prosecutions in a municipal court shall be conducted by the city
13-29 attorney of the municipality [such city, town or village,] or by a
13-30 [his] deputy city attorney.
13-31 (b) The county attorney of the county in which the
13-32 municipality [said city, town or village] is situated may, if the
13-33 county attorney [he] so desires, also represent the state [State]
13-34 in such prosecutions. In such cases, the [said] county attorney is
13-35 [shall] not [be] entitled to receive any fees or other compensation
13-36 [whatever] for those [said] services.
13-37 (c) [The county attorney shall have no power to dismiss any
13-38 prosecution pending in said court unless for reasons filed and
13-39 approved by the judge.] With the consent of the county attorney,
13-40 appeals from municipal court to a county court, county court at
13-41 law, or any appellate court may be prosecuted by the city attorney
13-42 or a [his] deputy city attorney.
13-43 (d) It is the primary duty of a municipal prosecutor not to
13-44 convict, but to see that justice is done.
13-45 SECTION 56. Article 45.04, Code of Criminal Procedure, is
13-46 redesignated as Article 45.202 and amended to read as follows:
13-47 Art. 45.202 [45.04]. SERVICE OF PROCESS. (a) [Sec. 1.] All
13-48 process issuing out of a municipal [corporation] court may be
13-49 served and shall be served when directed by the court, by a peace
13-50 officer [policeman] or marshal of the municipality [city, town or
13-51 village] within which it is situated, under the same rules as are
13-52 provided by law for the service by sheriffs and constables of
13-53 process issuing out of the justice court, so far as applicable.
13-54 (b) [Sec. 2.] The peace officer [policeman] or marshal may
13-55 serve all process issuing out of a municipal [corporation] court
13-56 anywhere in the county in which the municipality [city, town or
13-57 village] is situated. If the municipality [city, town or village]
13-58 is situated in more than one county, the peace officer [policeman]
13-59 or marshal may serve the process throughout those counties.
13-60 [Sec. 3. A defendant is entitled to at least one day's
13-61 notice of any complaint against him, if such time is demanded.]
13-62 SECTION 57. Article 45.06, Code of Criminal Procedure, is
13-63 redesignated as Article 45.203 and amended to read as follows:
13-64 Art. 45.203 [45.06]. COLLECTION OF FINES, COSTS, AND SPECIAL
13-65 EXPENSES. (a) The governing body of each municipality
13-66 [incorporated city, town or village] shall by ordinance prescribe
13-67 [such] rules, not inconsistent with any law of this state [State],
13-68 as may be proper to enforce the collection of fines imposed by a
13-69 municipal court. In addition to any other method of enforcement,
14-1 the municipality may enforce the collection of fines by:
14-2 (1) [, by] execution against the property of the
14-3 defendant;[,] or
14-4 (2) imprisonment of the defendant.
14-5 (b) The governing body of a municipality may[, the
14-6 collection of all fines imposed by such court, and shall also have
14-7 power to] adopt such rules and regulations, not inconsistent with
14-8 any law of this state, concerning the practice and procedure in the
14-9 municipal [such] court as the [said] governing body may consider
14-10 [deem] proper[, not inconsistent with any law of this State].
14-11 (c) The governing body of each municipality may prescribe by
14-12 ordinance the collection, after due notice, of [All such fines;] a
14-13 special expense, not to exceed $25 for the issuance and service of
14-14 a warrant of arrest for an offense under Section 38.10, Penal Code,
14-15 or Section 543.009, Transportation Code. Money collected from the
14-16 special expense [under Section 149, Uniform Act Regulating Traffic
14-17 on Highways (Article 6701d, Vernon's Texas Civil Statutes); and the
14-18 special expenses described in Article 17.04 dealing with the
14-19 requisites of a personal bond and a special expense for the
14-20 issuance and service of a warrant of arrest, after due notice, not
14-21 to exceed $25,] shall be paid into the municipal [city] treasury
14-22 for the use and benefit of the municipality [city, town or village.
14-23 The governing body of each incorporated city, town or village may
14-24 by ordinance authorize a municipal court to collect a special
14-25 expense for services performed in cases in which the laws of this
14-26 State require that the case be dismissed because of actions by or
14-27 on behalf of the defendant which were subsequent to the date of the
14-28 alleged offense. Such actions are limited to compliance with the
14-29 provisions of Subsection (a), Section 143A, Uniform Act Regulating
14-30 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
14-31 Such special expense shall not exceed the actual expenses incurred
14-32 for the services or $10, whichever is less].
14-33 (d) Costs may not be imposed or collected in criminal cases
14-34 in municipal court by municipal ordinance.
14-35 SECTION 58. Article 42.111, Code of Criminal Procedure, is
14-36 amended to read as follows:
14-37 Art. 42.111. Deferral of proceedings in cases appealed to
14-38 county court. If a defendant convicted of a misdemeanor punishable
14-39 by fine only appeals the conviction to a county court, on the trial
14-40 in county court the defendant may enter a plea of guilty or nolo
14-41 contendere to the offense. If the defendant enters a plea of
14-42 guilty or nolo contendere, the court may defer further proceedings
14-43 without entering an adjudication of guilt in the same manner as
14-44 provided for the deferral of proceedings in justice court or
14-45 municipal court under Article 45.051 [45.54] of this code. This
14-46 article does not apply to a misdemeanor case disposed of under
14-47 Subchapter B, Chapter 543, Transportation Code [by Section 143A,
14-48 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
14-49 Texas Civil Statutes)], or a serious traffic violation as defined
14-50 by Section 522.003, Transportation Code [in Section 3(26), Texas
14-51 Commercial Driver's License Act (Article 6687b-2, Revised
14-52 Statutes)].
14-53 SECTION 59. Subsections (b) and (c), Article 102.002, Code
14-54 of Criminal Procedure, are amended to read as follows:
14-55 (b) The justices of the peace and municipal courts shall
14-56 maintain a record of and the clerks of district and county courts
14-57 and county courts at law shall keep a book and record in the book:
14-58 (1) the number and style of each criminal action
14-59 before the court;
14-60 (2) the name of each witness subpoenaed, attached, or
14-61 recognized to testify in the action; and
14-62 (3) whether the witness was a witness for the state or
14-63 for the defendant.
14-64 (c) Except as otherwise provided by this subsection, a
14-65 defendant is liable on conviction for the fees provided by this
14-66 article for witnesses in the defendant's case. If a defendant
14-67 convicted of a misdemeanor does not pay the defendant's [his] fines
14-68 and costs, the county or municipality, as appropriate, is liable
14-69 for the fees provided by this article for witnesses in the
15-1 defendant's case.
15-2 SECTION 60. Article 102.004, Code of Criminal Procedure, is
15-3 amended to read as follows:
15-4 Art. 102.004. JURY FEE. (a) A defendant convicted by a
15-5 jury in a trial before a justice or municipal court shall pay a
15-6 jury fee of $3. A defendant in a justice or municipal court who
15-7 requests a trial by jury and who withdraws the request not earlier
15-8 than 24 hours before the time of trial shall pay a jury fee of $3,
15-9 if the defendant is convicted of the offense or final disposition
15-10 of the defendant's case is deferred. A defendant convicted by a
15-11 jury in a county court, a county court at law, or a district court
15-12 shall pay a jury fee of $20.
15-13 (b) If two or more defendants are tried jointly in a justice
15-14 or municipal court, only one jury fee of $3 may be imposed under
15-15 this article. If the defendants sever and are tried separately,
15-16 each defendant convicted shall pay a jury fee.
15-17 SECTION 61. Article 45.11, Code of Criminal Procedure, is
15-18 redesignated as Article 44.281, Code of Criminal Procedure,
15-19 transferred to Chapter 44 of that code, and amended to read as
15-20 follows:
15-21 Art. 44.281 [45.11]. DISPOSITION OF FINES AND COSTS WHEN
15-22 MISDEMEANOR AFFIRMED [FEES]. In misdemeanor cases affirmed on
15-23 appeal from a municipal court, the [The] fine imposed on appeal and
15-24 the costs imposed on appeal shall be collected from [of] the
15-25 defendant, and the [such] fine of the municipal [corporation] court
15-26 when collected shall be paid into the municipal treasury.
15-27 SECTION 62. Section 52.027, Family Code, is amended by
15-28 amending Subsection (h) and adding Subsection (j) to read as
15-29 follows:
15-30 (h) If a child [A municipal court or justice court may not
15-31 hold a child in contempt for] intentionally or knowingly fails
15-32 [refusing] to obey a lawful order of disposition after an
15-33 adjudication of guilt of a traffic offense or other offense
15-34 punishable by fine only, the[. The] municipal court or justice
15-35 court may:
15-36 (1) except as provided by Subsection (j), hold the
15-37 child in contempt of the municipal court or justice court order and
15-38 order the child to pay a fine not to exceed $500; or
15-39 (2) [shall instead] refer the child to the appropriate
15-40 juvenile court for delinquent conduct for contempt of the municipal
15-41 court or justice court order.
15-42 (j) A municipal or justice court may not order a child to a
15-43 term of confinement or imprisonment for contempt of a municipal or
15-44 justice court order under Subsection (h).
15-45 SECTION 63. Subsection (b), Section 30.00430, Government
15-46 Code, is amended to read as follows:
15-47 (b) Complaints must comply with Article 45.019 [45.17], Code
15-48 of Criminal Procedure.
15-49 SECTION 64. Subsection (b), Section 30.00940, Government
15-50 Code, is amended to read as follows:
15-51 (b) Complaints must comply with Article 45.019 [45.17], Code
15-52 of Criminal Procedure.
15-53 SECTION 65. Subsection (b), Section 30.01101, Government
15-54 Code, is amended to read as follows:
15-55 (b) Complaints must comply with Article 45.019 [45.17], Code
15-56 of Criminal Procedure.
15-57 SECTION 66. Subsection (b), Section 30.01221, Government
15-58 Code, is amended to read as follows:
15-59 (b) Complaints must comply with Article 45.019 [45.17], Code
15-60 of Criminal Procedure.
15-61 SECTION 67. Subsection (d), Section 406.014, Government
15-62 Code, is amended to read as follows:
15-63 (d) A notary public who administers an oath pursuant to
15-64 Article 45.019 [45.01], Code of Criminal Procedure, is exempt from
15-65 the requirement in Subsection (a) of recording that oath.
15-66 SECTION 68. Subsection (b), Section 542.402, Transportation
15-67 Code, is amended to read as follows:
15-68 (b) In each fiscal year, a municipality having a population
15-69 of less than 5,000 may retain, from fines collected for violations
16-1 of highway laws in this subtitle and from special expenses
16-2 collected under Article 45.051 [45.54], Code of Criminal Procedure,
16-3 in cases in which a violation of this subtitle is alleged, an
16-4 amount equal to 30 percent of the municipality's revenue for the
16-5 preceding fiscal year from all sources, other than federal funds
16-6 and bond proceeds, as shown by the audit performed under Section
16-7 103.001, Local Government Code. After a municipality has retained
16-8 that amount, the municipality shall send to the comptroller any
16-9 portion of a fine or a special expense collected that exceeds $1.
16-10 SECTION 69. Subsection (a), Section 543.204, Transportation
16-11 Code, is amended to read as follows:
16-12 (a) A justice of the peace or municipal judge who defers
16-13 further proceedings, suspends all or part of the imposition of the
16-14 fine, and places a defendant on probation under Article 45.051
16-15 [45.54], Code of Criminal Procedure, or a county court judge who
16-16 follows that procedure under Article 42.111, Code of Criminal
16-17 Procedure, may not submit a written record to the department,
16-18 except that if the justice or judge subsequently adjudicates the
16-19 defendant's guilt, the justice or judge shall submit the record not
16-20 later than the 30th day after the date on which the justice or
16-21 judge adjudicates guilt.
16-22 SECTION 70. Subdivision (1), Section 706.001, Transportation
16-23 Code, is amended to read as follows:
16-24 (1) "Complaint" means a notice of an offense as
16-25 described by Article 27.14(d) or 45.019 [45.01], Code of Criminal
16-26 Procedure.
16-27 SECTION 71. Articles 44.13, 45.01, 45.02, 45.05, 45.07,
16-28 45.08, 45.09, 45.12, 45.16, 45.19, 45.22, 45.23, 45.26, 45.27,
16-29 45.32, and 45.49, Code of Criminal Procedure, are repealed.
16-30 SECTION 72. This Act takes effect September 1, 1999.
16-31 SECTION 73. (a) The changes in law made by this Act apply
16-32 to every act, proceeding, or event covered by a law amended by this
16-33 Act that occurs on or after the effective date of this Act, without
16-34 regard to whether the offense to which the act, proceeding, or
16-35 event applies occurred before, on, or after the effective date of
16-36 this Act, except as provided by Subsections (b) and (c) of this
16-37 section.
16-38 (b) In a proceeding related to the prosecution of an offense
16-39 that occurs or is alleged to have occurred before the effective
16-40 date of this Act, the accused may elect to have the proceeding
16-41 governed by any provision of Chapter 45, Code of Criminal
16-42 Procedure, as that provision would have applied to the offense in
16-43 the absence of the changes made by this Act, and that prior law is
16-44 continued in effect for that purpose.
16-45 (c) The change in law made by Section 46 of this Act to
16-46 Article 45.522, Code of Criminal Procedure, redesignated by this
16-47 Act as Article 45.050, Code of Criminal Procedure, and the change
16-48 in law made by Section 62 of this Act to Section 52.027, Family
16-49 Code, applies only to an offense committed or, for the purposes of
16-50 Title 3, Family Code, to conduct that occurs on or after the
16-51 effective date of this Act. An offense committed before the
16-52 effective date of this Act is covered by the law in effect when the
16-53 offense was committed, and the former law is continued in effect
16-54 for that purpose. Conduct that occurs before the effective date of
16-55 this Act is covered by the law in effect at the time the conduct
16-56 occurred, and the former law is continued in effect for that
16-57 purpose. For purposes of this subsection, an offense is committed
16-58 on or after the effective date of this Act if every element of the
16-59 offense occurs on or after that date and conduct violating a penal
16-60 law of this state occurs on or after the effective date of this Act
16-61 if every element of the violation occurs on or after that date.
16-62 SECTION 74. The importance of this legislation and the
16-63 crowded condition of the calendars in both houses create an
16-64 emergency and an imperative public necessity that the
16-65 constitutional rule requiring bills to be read on three several
16-66 days in each house be suspended, and this rule is hereby suspended.
16-67 * * * * *