BILL ANALYSIS

 

 

Senate Research Center

H.B. 2931

 

By: Moody (Whitmire)

 

Criminal Justice

 

5/12/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

During the 83rd Legislature, the House Select Committee on Criminal Procedure Reform recommended that, on an incremental basis, the Code of Criminal Procedure be subject to a nonsubstantive revision each interim and tasked the Texas Legislative Council with implementing the project. The council incorporated the project into its long-standing program related to clarifying and simplifying statutory law as part of its complete nonsubstantive revision of the Texas statutes, which is performed on an ongoing basis as required by the Government Code. H.B. 2931 codifies Articles 18.20 and 18.21, Code of Criminal Procedure, as new Chapters 18A and 18B, Code of Criminal Procedure, respectively, and Chapters 60 and 61, Code of Criminal Procedure, as new Chapters 66 and 67, Code of Criminal Procedure, respectively.

 

H.B. 2931 amends current law relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Texas Department of Public Safety is rescinded in SECTION 5.01 (Articles 60.08 and 61.12, Code of Criminal Procedure) of this bill.

 

Rulemaking authority previously granted to the Texas Department of Criminal Justice is rescinded in SECTION 5.01 (Article 60.08, Code of Criminal Procedure) of this bill.

 

SECTION BY SECTION ANALYSIS

 

ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE

(Pages 1-126 of this bill.)

 

ARTICLE 2. CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND 18.21, CODE OF CRIMINAL PROCEDURE: CHAPTER 16, PENAL CODE

(Pages 126-136 of this bill.)

 

ARTICLE 3. OTHER CONFORMING AMENDMENTS FOR ARTICLES 18.20 AND 18.21, CODE OF CRIMINAL PROCEDURE

(Pages 137-146 of this bill.)

 

ARTICLE 4. CONFORMING AMENDMENTS FOR CHAPTERS 60 AND 61, CODE OF CRIMINAL PROCEDURE

(Pages 146-155 of this bill.)

 

ARTICLE 5. REPEALER

(Pages 155-156 of this bill.)

 

ARTICLE 6. GENERAL MATTERS

(Page 156 of this bill.)

 

Effective date: January 1, 2019.