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By: Canales (Senate Sponsor - Alvarado) |
H.B. No. 1712 |
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(In the Senate - Received from the House April 24, 2023; |
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April 24, 2023, read first time and referred to Committee on State |
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Affairs; May 12, 2023, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 11, Nays 0; |
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May 12, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 1712 |
By: Hughes |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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PaxtonX |
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BettencourtX |
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BirdwellX |
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LaMantiaX |
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MenéndezX |
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MiddletonX |
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ParkerX |
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PerryX |
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SchwertnerX |
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ZaffiriniX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of a magistrate's name on certain signed |
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orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.101 to read as follows: |
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Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. (a) Any |
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signed order that is issued by a magistrate under this code or any |
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signed order pertaining to a criminal matter that is issued by a |
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magistrate under the Family Code, the Government Code, or other law |
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of this state must include, with the magistrate's signature, the |
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magistrate's name in legible handwriting, legible typewritten |
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form, or legible stamp print. |
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(b) The failure of a magistrate to include the magistrate's |
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name on an order as provided by Subsection (a) does not affect the |
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validity of the order. |
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(c) A defendant in a criminal action may make a motion to add |
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to an order that does not comply with Subsection (a) the name of the |
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magistrate who signed the order if: |
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(1) the order is relevant to the action; and |
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(2) the defendant is unable to identify the magistrate |
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who signed the order. |
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(d) The supreme court may adopt rules to implement this |
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article. |
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SECTION 2. The change in law made by this Act in adding |
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Article 2.101, Code of Criminal Procedure, applies to a signed |
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order issued by a magistrate on or after the effective date of this |
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Act. A signed order issued by a magistrate before the effective |
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date of this Act is governed by the law in effect on the date the |
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order was issued, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |