BILL ANALYSIS

H.B. 3417

By: Oliveira

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 79th Legislature, Regular Session, 2005, enacted legislation establishing criminal law hearing officers in Cameron County to expedite criminal cases at county jail facilities.

H.B. 3417 expands the jurisdiction of Cameron County criminal law hearing officers to further expedite cases and reduce costs to the county. The bill allows hearing officers to hear and consider certain writs of habeas corpus, and, on motion of the district attorney, to dismiss a criminal case when the arresting agency has not timely filed the offense report with the district attorney. The bill also allows hearing officers, on motion of the district attorney, to reduce the amount of bond on county jail prisoners whose cases have not been filed in a district court or a statutory county court.

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

H.B. 3417 amends the Government Code to expand a Cameron County criminal law hearing officer's limited concurrent jurisdiction over criminal cases filed in the district courts, statutory county courts, and justice courts of Cameron County to include hearing, considering, and ruling on writs of habeas corpus filed under provisions for a defendant's release from jail because the state is not ready for trial within a certain period of time and, on motion of the district attorney, dismissing a criminal case when the arresting agency has not timely filed the offense report with the district attorney, and, on motion of the district attorney, reducing the amount of bond on prisoners held at the county jail whose cases have not been filed in a district court or a statutory county court.

EFFECTIVE DATE

September 1, 2009.