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A BILL TO BE ENTITLED
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AN ACT
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relating to the courts authorized to hear certain matters relating |
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to a capias pro fine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.05, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If the court that issued the capias pro fine is |
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unavailable, the arresting officer may, in lieu of placing the |
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defendant in jail, take the defendant to: |
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(1) another court in the same county with jurisdiction |
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over Class A and Class B misdemeanors or a county criminal law |
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magistrate court in the same county, if the court that issued the |
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capias pro fine was a county court or a statutory county court with |
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Class A and Class B misdemeanor jurisdiction; or |
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(2) another court in the same county with jurisdiction |
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over felony cases or a county criminal law magistrate court in the |
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same county, if the court that issued the capias pro fine was a |
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district court with felony jurisdiction. |
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SECTION 2. Article 45.045, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) If the court that issued the capias pro fine is |
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unavailable, the arresting officer may, in lieu of placing the |
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defendant in jail, take the defendant to: |
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(1) a justice of the peace court or county criminal law |
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magistrate court with jurisdiction over Class C misdemeanors that |
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is located in the same county, if the court that issued the capias |
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pro fine was a justice of the peace court; or |
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(2) a municipal court that is located in the same |
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municipality, if the court that issued the capias pro fine was a |
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municipal court. |
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SECTION 3. Article 45.046, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) For purposes of a hearing described by Subsection (a), |
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if the court that issued the capias pro fine is unavailable, the |
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following judicial officers may conduct the hearing: |
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(1) a justice of the peace or county criminal law |
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magistrate with jurisdiction over Class C misdemeanors who is |
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located in the same county as the issuing court, if the issuing |
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court was a justice of the peace court; or |
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(2) a municipal court judge who is located in the same |
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municipality as the issuing court, if the issuing court was a |
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municipal court. |
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SECTION 4. This Act takes effect September 1, 2015. |