SRC-JBJ S.B. 219 77(R)BILL ANALYSIS


Senate Research CenterS.B. 219
By: Armbrister
Criminal Justice
5/17/2001
Enrolled


DIGEST AND PURPOSE 

Under current Texas law, a defendant being tried for a misdemeanor in
justice court must be tried in the county in which the alleged offense was
committed.  In some cases defendants are arrested and jailed for an
outstanding warrant for a misdemeanor in a county other than the county
from which the warrant was issued, presenting certain undue and unnecessary
hindrances to the efficient execution of justice. S.B. 219 requires a
magistrate of the county where an arrest takes place, under certain
conditions, to accept a written plea of guilty or nolo contendere and
provides further provisions for the trial to be carried out in the county
where the arrest takes place. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 4.12, Code of Criminal Procedure, by adding
Subsection (d), to authorize a defendant who is taken before a magistrate
in accordance with Article 15.18 to waive trial by jury and enter a written
plea of guilty or nolo contendere. 

SECTION 2.  Amends Article 15.18, Code of Criminal Procedure, as follows:

(a)  Requires a person arrested under a warrant issued in a county other
than the one in which the person is arrested to be taken before a
magistrate of the county where the arrest takes place.  Requires the
magistrate of the county where the arrest takes place, in a case of a
person arrested under warrant for an offense punishable by fine only, to
accept a written plea of guilty or nolo contendere, set a fine, determine
costs, accept payment of the fine and costs, give credit for the time
served, determine indigency, or, on satisfaction of the judgment, discharge
the defendant, as the case may indicate.  Makes nonsubstantive changes. 

(b)  Requires the magistrate, before the 11th business day after the date a
magistrate accepts a written plea of guilty or nolo contendere in a case
under Subsection (a)(2), to transmit to the court having jurisdiction of
the offense the written plea, any orders entered in the case, and any fine
or costs collected in the case. 

SECTION 3.  Effective date: September 1, 2001.