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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of certain courts to dispose of |
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separate felony and misdemeanor charges pending against the same |
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defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 4, Code of Criminal Procedure, is |
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amended by adding Article 4.065 to read as follows: |
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Art. 4.065. WHEN DEFENDANT CHARGED WITH SEPARATE FELONY AND |
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MISDEMEANOR OFFENSES. (a) This article applies only to a county in |
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which a criminal district attorney represents the state in the |
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prosecution of felony cases. |
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(b) In addition to other jurisdiction provided by law, a |
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district court in a county to which this article applies has, in |
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relation to any felony case pending before the court, concurrent |
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jurisdiction with a county court or county court at law to: |
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(1) hear and dispose of a misdemeanor case pending at |
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the same time against the defendant in the felony case; or |
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(2) receive a guilty plea in a misdemeanor case |
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described by Subdivision (1) and dispose of the case, regardless of |
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whether the misdemeanor case is transferred to the court. |
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(c) A judgment, order, or action of the court under |
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Subsection (b) is valid and binding as if the misdemeanor charge had |
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been included in the indictment or complaint filed in the felony |
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case pending before that court. |
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SECTION 2. Article 4.16, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.16. CONCURRENT JURISDICTION. When two or more |
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courts have concurrent jurisdiction of any criminal offense, the |
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court in which an indictment or a complaint shall first be filed |
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shall retain jurisdiction except as provided by [in] Article 4.065 |
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or 4.12. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |