BILL ANALYSIS
By: Puente
BACKGROUND AND PURPOSE
Individuals with pending felony charges and pending misdemeanor charges typically have their cases heard in two different courts by two different judges.
The purpose of H.B. 3561 is to speed up the process and alleviate the back log in our current court system by allowing certain district courts to hear and dispose of a misdemeanor case pending at the same time against the same individual in a felony case. Having one judge would mean more consistency in punishment and more consistency with rehabilitation.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
House Bill 3561 amends Chapter 4, Code of Criminal Procedure, by adding Article 4.065 entitled "When Defendant Charged With Separate Felony And Misdemeanor Offenses." This article applies only to a county in which a criminal district attorney represents the state in the prosecution of felony cases. The bill provides in Subsection (b) that in addition to other jurisdiction provided by law, a district court in a county to which this article applies has, in relation to any felony case pending before the court, concurrent jurisdiction with a county court or county court at law to: (1) hear and dispose of a misdemeanor case pending at the same time against the defendant in the felony case; or (2) receive a guilty plea in a misdemeanor case described by Subdivision (1) and dispose of the case, regardless of whether the misdemeanor case is transferred to the court. A judgment, order, or action of the court under Subsection (b) is valid and binding as if the misdemeanor charge had been included in the indictment or complaint filed in the felony case pending before that court.
Article 4.16, Code of Criminal Procedure, is amended to read that when two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or a complaint shall first be filed shall retain jurisdiction except as provided by Article 4.065 or 4.12.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.