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A BILL TO BE ENTITLED
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AN ACT
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relating to at-large filing for a misdemeanor offense and the |
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appearance of the accused person before a magistrate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) If the individual resides in the county where the |
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offense occurred, a person other than a peace officer who seeks to |
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make a complaint alleging that the individual committed a |
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misdemeanor offense may file with the prosecuting attorney: |
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(1) a complaint that describes the alleged offense; |
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and |
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(2) a sworn affidavit stating the facts that establish |
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probable cause that the individual committed the offense. |
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(c-2) If the prosecuting attorney determines based on a |
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complaint and sworn affidavit submitted under Subsection (c-1) that |
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probable cause exists to believe that the individual committed the |
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offense alleged, the prosecuting attorney shall prepare a charging |
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instrument and file with the county clerk the charging instrument, |
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the complaint, and the sworn affidavit. On receipt of the charging |
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instrument, the county clerk may, instead of issuing a warrant for |
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the arrest of the individual, send to the last known address of the |
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individual by certified mail, return receipt requested, a notice to |
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appear containing notice of the time and place the individual must |
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appear before the court, the name and address of the individual |
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charged, and the offense charged. |
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SECTION 2. Article 15.17(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g) If a person charged with an offense punishable as a |
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misdemeanor appears before a magistrate in compliance with a |
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citation or notice to appear issued under Article 14.06 [14.06(b)
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or (c)], the magistrate shall perform the duties imposed by this |
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article in the same manner as if the person had been arrested and |
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brought before the magistrate by a peace officer. After the |
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magistrate performs the duties imposed by this article, the |
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magistrate except for good cause shown may release the person on |
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personal bond. If a person who was issued a citation or notice to |
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appear under Article 14.06 [14.06(c)] fails to appear as required |
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by that citation or notice to appear, the magistrate before which |
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the person is required to appear shall issue a warrant for the |
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arrest of the accused. |
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SECTION 3. Article 14.06(d), Code of Criminal Procedure, is |
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repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |