By Ellis S.R. No. 1153
76R17703 JMC-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 76th
1-2 Legislature, Regular Session, 1999, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences between
1-5 the house and senate versions of S.B. 1230, relating to the
1-6 procedures governing the prosecution and administration of
1-7 misdemeanor offenses in the jurisdiction of the justice and
1-8 municipal courts, to consider and take action on the following
1-9 matters:
1-10 (1) Senate Rules 12.03(1) and (4) are suspended to permit
1-11 the committee to change text in and add text to Article 45.019,
1-12 Code of Criminal Procedure, in SECTION 15 of the bill, so that the
1-13 article reads as follows:
1-14 Art. 45.019 [45.17]. REQUISITES OF [WHAT] COMPLAINT [MUST
1-15 STATE]. (a) A [Such] complaint is sufficient, without regard to
1-16 its form, if it substantially satisfies the following requisites
1-17 [shall state]:
1-18 (1) it must be in writing;
1-19 (2) it must commence "In the name and by the authority
1-20 of the State of Texas";
1-21 (3) it must state the [1. The] name of the accused,
1-22 if known, or [and] if unknown, must include a reasonably definite
1-23 description of the accused [shall describe him as accurately as
1-24 practicable];
2-1 (4) it must show that the accused has committed an
2-2 offense against the law of this state, or state that the affiant
2-3 has good reason to believe and does believe that the accused has
2-4 committed an offense against the law of this state [2. The offense
2-5 with which he is charged, in plain and intelligible words];
2-6 (5) it must state the date the offense was committed
2-7 as definitely as the affiant is able to provide;
2-8 (6) it must bear the signature or mark of the affiant;
2-9 and
2-10 (7) it must conclude with the words "Against the peace
2-11 and dignity of the State" and, if the offense charged is an offense
2-12 only under a municipal ordinance, it may also conclude with the
2-13 words "Contrary to the said ordinance".
2-14 (b) A complaint filed in justice court must allege that [3.
2-15 That] the offense was committed in the county in which the
2-16 complaint is made[; and]
2-17 [4. It must show, from the date of the offense stated
2-18 therein, that the offense is not barred by limitation].
2-19 (c) A complaint filed in municipal court must allege that
2-20 the offense was committed in the territorial limits of the
2-21 municipality in which the complaint is made.
2-22 (d) A complaint may be sworn to before any officer
2-23 authorized to administer oaths.
2-24 (e) A complaint in municipal court may be sworn to before:
2-25 (1) the municipal judge;
2-26 (2) the clerk of the court or a deputy clerk;
2-27 (3) the city secretary; or
3-1 (4) the city attorney or a deputy city attorney.
3-2 (f) If the defendant does not object to a defect, error, or
3-3 irregularity of form or substance in a charging instrument before
3-4 the date on which the trial on the merits commences, the defendant
3-5 waives and forfeits the right to object to the defect, error, or
3-6 irregularity. Nothing in this article prohibits a trial court from
3-7 requiring that an objection to a charging instrument be made at an
3-8 earlier time.
3-9 Explanation: These changes are necessary to clarify the
3-10 requisites of a criminal complaint filed in a justice or municipal
3-11 court and to apply Article 1.14(b), Code of Criminal Procedure, to
3-12 justice and municipal courts.
3-13 (2) Senate Rule 12.03(1) is suspended to permit the
3-14 committee to change the text of Article 45.021, Code of Criminal
3-15 Procedure, in SECTION 17 of the bill, so that the article reads as
3-16 follows:
3-17 Art. 45.021 [45.33]. PLEADINGS [PLEADING IS ORAL]. All
3-18 pleading of the defendant in justice or municipal court may be oral
3-19 or in writing as the court [defendant] may direct [elect]. [The
3-20 justice shall note upon his docket the plea offered.]
3-21 Explanation: This change is necessary to allow a justice or
3-22 municipal court to require that pleadings be in writing.
3-23 (3) Senate Rule 12.03(1) is suspended to permit the
3-24 committee to change the text of Article 45.033, Code of Criminal
3-25 Procedure, in SECTION 30 of the bill, so that the article reads as
3-26 follows:
3-27 Art. 45.033. JURY CHARGE. The judge shall charge the jury.
4-1 The charge may be made orally or in writing, except that the charge
4-2 shall be made in writing if required by law.
4-3 Explanation: This change is necessary to clarify the meaning
4-4 of Article 45.033, Code of Criminal Procedure, as added by S.B. No.
4-5 1230.
4-6 (4) Senate Rule 12.03(1) is suspended to permit the
4-7 committee to change the text of Article 45.046, Code of Criminal
4-8 Procedure, in SECTION 45 of the bill, so that the article reads as
4-9 follows:
4-10 Art. 45.046 [45.52]. COMMITMENT [COLLECTION OF FINES].
4-11 (a) When a judgment and sentence have been entered [rendered]
4-12 against a defendant [for a fine and costs] and the defendant [he]
4-13 defaults in the discharge of the judgment [payment], the judge
4-14 [justice] may order the defendant confined [him imprisoned] in jail
4-15 until discharged by law if the judge determines that:
4-16 (1) the defendant intentionally failed to make a good
4-17 faith effort to discharge the judgment; or
4-18 (2) the defendant is not indigent.
4-19 (b) A certified copy of the judgment, sentence, and order is
4-20 sufficient to authorize such confinement [imprisonment].
4-21 [(b) The justice may order the fine and costs collected by
4-22 execution against the defendant's property in the same manner as a
4-23 judgment in a civil suit.]
4-24 Explanation: This change is necessary to clarify the meaning
4-25 of Article 45.046, Code of Criminal Procedure, as amended by S.B.
4-26 No. 1230.