HBA-SEB S.B. 1230 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1230 By: Ellis Criminal Jurisprudence 5/7/1999 Engrossed BACKGROUND AND PURPOSE Currently, Chapter 45 of the Code of Criminal Procedure consists of 60 sections. Of the 60 sections, 12 sections make specific reference to municipal court proceedings and 10 sections make references to justice court proceedings. The remaining 38 sections are general with shared applicability to both courts. Presently, Chapter 45 does not group similar sections. S.B. 1230 modifies and arranges the existing provisions in Chapter 45, Code of Criminal Procedure, regarding procedures governing the prosecution and administration of misdemeanor offenses in the jurisdiction of the justice and municipal courts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 2.07, Code of Criminal Procedure, by adding Subsection (g), to authorize an attorney appointed in order to perform the duties of the office of an attorney for the state in a justice or municipal court to be paid a reasonable fee for performing those duties. SECTION 2. Amends Article 4.12, Code of Criminal Procedure, to provide that this article (Misdemeanor Cases; Precinct in Which Defendant to be Tried in Justice Court) is an exception to the locations listed for trial of a misdemeanor case in a justice court. Makes conforming and nonsubstantive changes. SECTION 3. Amends the heading to Chapter 45, Code of Criminal Procedure, to read as follows: CHAPTER FORTY-FIVE. New title: JUSTICE AND MUNICIPAL COURTS SECTION 4. Amends Chapter 45, Code of Criminal Procedure, by adding a new Subchapter A, as follows: SUBCHAPTER A. GENERAL PROVISIONS Art. 45.001. OBJECTIVES OF CHAPTER. Establishes that the purpose of this chapter is to provide procedures for processing cases that come within the criminal jurisdiction of the justice and municipal courts. Requires this chapter to be construed to provide fair notice to a person appearing in a criminal proceeding before a justice or municipal court and a meaningful opportunity for that person to be heard, to ensure appropriate dignity in court procedure without undue formalism, to promote adherence to rules with sufficient flexibility to serve the ends of justice, and to process cases without unnecessary expense or delay. Art. 45.002. APPLICATION OF CHAPTER. Requires criminal proceedings in the justice and municipal courts to be conducted in accordance with this chapter. Requires a judge to apply general provisions of this code as necessary to achieve the objectives of this chapter if this chapter does not provide a rule of procedure governing any aspect of a case. SECTION 5. Designates Articles 45.011-45.053, Code of Criminal Procedure, as Subchapter B, Chapter 45, Code of Criminal Procedure, and adds a heading to that subchapter to read as follows: SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS SECTION 6. Redesignates Article 45.38, Code of Criminal Procedure, as Article 45.011 and amends Article 45.011 to provide that the rules of evidence that govern the trials of criminal actions in the district court apply to a criminal proceeding in a justice or municipal court. SECTION 7. Redesignates Article 45.021, Code of Criminal Procedure, as Article 45.012 and amends Article 45.012 to authorize a document issued or maintained by a justice or municipal court to be created by electronic means. Authorizes a court to use electronic means to maintain a docket. Provides that an electronically recorded judgment has the same force and effect as a written signed judgment. Authorizes a justice or municipal court to create a court seal, if required by law, by electronic means that does not permit a change to an original document created by the same type of system. Redesignates Subsection (e) to (f). Makes a conforming change. SECTION 8. Redesignates Article 45.18, Code of Criminal Procedure, as Article 45.014 and amends Article 45.014, as follows: Art 45.014. New title: WARRANT OF ARREST. Authorizes, rather than requires, a justice or judge to issue a warrant for the arrest of an accused person when a sworn complaint or affidavit based on probable cause has been filed before the justice of municipal court. Sets forth conditions under which a warrant is sufficient. Establishes that Chapter 15 (Arrest under Warrant) applies to a warrant of arrest issued under this article, except as inconsistent or in conflict with this chapter. SECTION 9. Redesignates Article 45.43, Code of Criminal Procedure, as Article 45.015 and amends Article 45.015 to authorize a peace officer to place a defendant in jail in accordance with this code or other law when the peace officer is authorized to retain the defendant. SECTION 10. Redesignates Article 45.41, Code of Criminal Procedure, as Article 45.016 and amends Article 45.016, as follows: Art. 45.016. New title: BAIL. Authorizes a justice or judge, rather than only a justice, to require a defendant to give bail to secure the defendant's appearance in accordance with this code. Makes conforming and nonsubstantive changes. SECTION 11. Redesignates Article 45.13, Code of Criminal Procedure, as Article 45.017 and amends Article 45.017 to require the justice, judge, or clerk, if directed by the justice or judge, to keep a docket containing certain information. Includes in the contents of the docket the plea offered by the defendant and the date the plea was entered, the date of the verdict, the date of sentence, and the date of action. Makes conforming and nonsubstantive changes. SECTION 12. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.018, as follows: Art. 45.018. COMPLAINT. Provides that, for purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense. Entitles a defendant to notice of a complaint against the defendant within a specific time frame. Authorizes the defendant to waive that right. SECTION 13. Redesignates Article 45.17, Code of Criminal Procedure, as Article 45.019 and amends Article 45.019, as follows: Art. 45.019. New title: REQUISITES OF COMPLAINT. Sets forth requisites for a complaint in order for the complaint to be sufficient. Makes conforming changes. SECTION 14. Redesignates Article 45.37, Code of Criminal Procedure, as Article 45.020 and amends Article 45.020, as follows: Art. 45.020. New title: APPEARANCE BY COUNSEL. Creates Subsections (a) and (b) from existing text. SECTION 15. Redesignates Article 45.33, Code of Criminal Procedure, as Article 45.021 and amends Article 45.021, as follows: Art. 45.021. New title: PLEADINGS. Deletes a requirement that a justice note a plea on the docket. Makes a conforming change. SECTION 16. Redesignates Article 45.331, Code of Criminal Procedure, as Article 45.0215 and amends Article 45.0215 to authorize a defendant to enter a plea before a judge, rather than justice, in the county in which the defendant resides, with the leave of the judge of the court of original jurisdiction. Makes conforming changes. SECTION 17. Redesignates Article 45.34, Code of Criminal Procedure, as Article 45.022 and amends Article 45.022, as follows: Art. 45.022. New title: PLEA OF GUILTY OR NOLO CONTENDERE. Authorizes proof as to an offense to be heard upon a plea of guilty or, rather than and, a plea of nolo contendere and authorizes the punishment to be assessed by the court, rather than court or jury. SECTION 18. Redesignates Article 45.31, Code of Criminal Procedure, as Article 45.023 and amends Article 45.023, as follows: Art. 45.023. New title: DEFENDANT'S PLEA. Authorizes a defendant to enter the special plea of double jeopardy after the jury is impaneled or the defendant waives a trial by jury. Makes nonsubstantive changes. SECTION 19. Redesignates Article 45.35, Code of Criminal Procedure, as Article 45.024 and amends Article 45.024, as follows: Art. 45.024. New title: DEFENDANT'S REFUSAL TO PLEAD. Makes a conforming change. SECTION 20. Redesignates Article 45.24, Code of Criminal Procedure, as Article 45.025 and amends Article 45.025 to authorize the accused to waive a trial by jury orally or in writing. Makes conforming changes. SECTION 21. Redesignates Article 45.251, Code of Criminal Procedure, as Article 45.026 and amends Article 45.026, as follows: Art. 45.026. New title: JURY TRIAL; FAILURE TO APPEAR. Authorizes a justice or a municipal court to order a party who does not waive, rather than a party who demands, a jury trial to pay the costs incurred for impaneling the jury if the party fails to appear for the trial. SECTION 22. Redesignates Article 45.25, Code of Criminal Procedure, as Article 45.027 and amends Article 45.027 to make conforming and nonsubstantive changes. SECTION 23. Redesignates Article 45.29, Code of Criminal Procedure, as Article 45.028 and amends Article 45.028 to make a conforming change. SECTION 24. Redesignates Article 45.28, Code of Criminal Procedure, as Article 45.029 and amends Article 45.029, as follows: Art. 45.029. New title: PEREMPTORY CHALLENGES. Deletes text entitling each defendant to any number of challenges for cause. Makes conforming and nonsubstantive changes. SECTION 25. Redesignates Article 45.30, Code of Criminal Procedure, as Article 45.030 and amends Article 45.030, as follows: Art. 45.030. New title: FORMATION OF JURY. Requires the justice or judge to form the jury and administer to it the appropriate oath in accordance with Chapter 35 (Formation of the Jury). Deletes the language of the oath. Makes conforming changes. SECTION 26. Redesignates Article 45.36, Code of Criminal Procedure, as Article 45.031 and amends Article 45.031, as follows: Art. 45.031. New title: COUNSEL FOR STATE NOT PRESENT. Sets forth actions the justice or judge may take if the state is not represented by counsel. Deletes text requiring the justice to examine witnesses in such a case. Makes a nonsubstantive change. SECTION 27. Redesignates Article 45.031, Code of Criminal Procedure, as Article 45.032 and amends Article 45.032 to delete existing text entitling a defendant to a plea of "not guilty" if there is a material variance between the allegations in the complaint and the proof offered by the state. Makes conforming and nonsubstantive changes. SECTION 28. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.033, as follows: Art. 45.033. JURY CHARGE. Requires the judge to charge the jury orally, in writing, or as otherwise required by law. SECTION 29. Redesignates Article 45.39, Code of Criminal Procedure, as Article 45.034, and amends Article 45.034 to require a jury to retire and be kept together until they agree to a verdict, are discharged, or the court recesses. SECTION 30. Redesignates Article 45.40, Code of Criminal Procedure, as Article 45.035, and amends Article 45.035 to authorize a judge or justice to impanel another jury as soon as practicable if a jury is discharged because it fails to agree to a verdict. SECTION 31. Redesignates Article 45.42, Code of Criminal Procedure, as Article 45.036 and amends Article 45.036 to make conforming and nonsubstantive changes. SECTION 32. Redesignates Article 45.45, Code of Criminal Procedure, as Article 45.037 and amends Article 45.037 to delete text prohibiting the execution of a judgment and sentence from being stayed until a new trial has been granted. Make a nonsubstantive change. SECTION 33. Redesignates Article 45.44, Code of Criminal Procedure, as Article 45.038 and amends Article 45.038 to authorize a justice or judge to grant a new trial not later than the 10th day after the date that the judgment is entered for good cause shown. Requires a motion for new trial to be considered denied if the motion is not granted before the 11th day after the date the judgment is entered. Makes nonsubstantive changes. SECTION 34. Redesignates Article 45.46, Code of Criminal Procedure, as Article 45.039 and amends Article 45.039 to make a conforming change. SECTION 35. Redesignates Article 45.47, Code of Criminal Procedure, as Article 45.040 and amends Article 45.040 to make a nonsubstantive change. SECTION 36. Redesgnates Article 45.50, Code of Criminal Procedure, as Article 45.041 and Amends Article 45.041, as follows: Art. 45.041. New title: JUDGMENT. Authorizes the justice or judge to direct the defendant to make restitution in an amount not to exceed $500 to any victim and to satisfy any other sanction authorized by law. Requires the justice or judge to credit the defendant for time in jail. Requires the credit to be applied at a certain rate. Requires all judgments, sentences, and final orders to be rendered in open court. Redesignates Subsections (b)(2)-(3) to Subsections (b)(1)(B)-(C). Makes conforming and nonsubstantive changes. SECTION 37. Redesignates Article 45.10, Code of Criminal Procedure, as Article 45.042 and amends Article 45.042 to provide that, in an appeal, a defendant who is in custody is to be committed to jail unless the defendant gives bail. Deletes a requirement that the appeals be governed by the rules of practice and procedure for appeals. Makes conforming and nonsubstantive changes. SECTION 38. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.0425, as follows: Art. 45.0425. APPEAL BOND. Provides that a court from whose judgment and sentence an appeal is taken must approve bail. Prohibits the amount of bail from being less than two times the amount of the fine and costs adjudged against the defendant and from being less than $50. Requires the court to approve the appeal bond without requiring the presence of the defendant if the appeal bond otherwise meets the requirements of this code. Requires the appeal bond to recite specific information regarding the defendant's personal appearance before the court. SECTION 39. Redesignates Article 44.14, Code of Criminal Procedure, as Article 45.0426 and amends Article 45.0426 to require an appeal to be held to be perfected when the appeal bond has been filed within 10 days of the judgment being filed. Makes conforming and nonsubstantive changes. SECTION 40. Redesignates Article 45.48, Code of Criminal Procedure, as Article 45.043 and amends Article 45.043 to make conforming and nonsubstantive changes. SECTION 41. Redesignates Article 45.231, Code of Criminal Procedure, as Article 45.044 and amends Article 45.044, as follows: Art. 45.044. New title: FORFEITURE OF CASH BOND IN SATISFACTION OF FINE. Makes conforming and nonsubstantive changes. SECTION 42. Redesignates Article 45.51, Code of Criminal Procedure, as Article 45.045 and amends Article 45.045, as follows: Art. 45.045. New title: CAPIAS PRO FINE. Authorizes a court to order a capias pro fine for the defendant's arrest if the defendant is not in custody when the judgment is rendered or fails to satisfy the judgment according to its terms. Requires the capias pro fine to command the appropriate peace officer, rather than sheriff, to bring the defendant to court or to place the defendant in jail. Deletes existing text requiring a capias to issue for the arrest and confinement of an escaped defendant. Makes conforming and nonsubstantive changes. SECTION 43. Redesignates Article 45.52, Code of Criminal Procedure, as Article 45.046 and amends Article 45.046, as follows: Art. 45.046. New title: COMMITMENT. Authorizes a judge to confine a defendant who defaults in the discharge of a judgment, rather than defaults in payment for a fine and costs, if the judge determines that the defendant intentionally failed to make sufficient efforts to discharge the judgment and the defendant is not indigent. Deletes a provision authorizing the justice to order the fine and costs to be collected in the same manner as a judgment in a civil suit. SECTION 44. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.047, as follows: Art. 45.047. CIVIL COLLECTION OF FINES AFTER JUDGMENT. Authorizes a justice or judge to order a fine and costs collected by an execution against the defendant's property in the same manner as a judgment in a civil suit if, after a judgment and sentence, the defendant defaults in the payment of the fine. SECTION 45. Redesignates Article 45.53, Code of Criminal Procedure, as Article 45.048 and amends Article 45.048 to require a defendant placed in jail on account of failure to pay the fine and costs to be discharged on habeas corpus by showing that the defendant is too poor to pay the fine and costs or has remained in jail a sufficient length of time to satisfy the costs at the rate of at least $100, rather than $15 per day or part of a day of jail time served. Makes nonsubstantive and conforming changes. SECTION 46. Redesignates Articles 45.521 and 45.522, Code of Criminal Procedure, as Articles 45.049 and 45.050 and amends those articles, as follows: Art. 45.049. COMMUNITY SERVICE IN SATISFACTION OF FINE OR COSTS. Deletes provisions required in a judge's order requiring a person to participate in community service. Deletes a provision that the order must include the entity or organization for which the defendant is required to work and a provision that the order must include the project on which the defendant is required to work. Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. Provides that a justice or municipal court has jurisdiction to hold a child who fails to obey an order in contempt of the order or to refer the child to the appropriate juvenile court for delinquent conduct for contempt of the order. Makes a conforming change. SECTION 47. Redesignates Article 45.54, Code of Criminal Procedure, as Article 45.051 and amends Article 45.051 to authorize a justice or judge to defer adjudication on a plea of guilty or nolo contendere by a defendant or on a finding of guilt. Deletes text authorizing the deferred adjudication in a misdemeanor case punishable by fine only. Makes conforming and nonsubstantive changes. SECTION 48. Redesignates Article 45.55, Code of Criminal Procedure, as Article 45.052. SECTION 49. Redesignates Article 45.56, Code of Criminal Procedure, as Article 45.053. SECTION 50. Designates Article 45.101, as added by this Act, and Articles 45.102, and 45.103, Code of Criminal Procedure, as Subchapter C of Chapter 45, Code of Criminal Procedure, and adds a heading to that subchapter to read as follows: SUBCHAPTER C. PROCEDURES IN JUSTICE COURT SECTION 51. Amends Subchapter C, Chapter 45, Code of Criminal Procedure, by adding Article 45.101, as follows: Art. 45.101. JUSTICE COURT PROSECUTIONS. Requires all prosecutions in a justice court to be conducted by the county or district attorney or a deputy county or district attorney. Authorizes appeals from the justice court to be prosecuted by the district attorney or a deputy district attorney with the consent of the county attorney, except as otherwise provided by law. SECTION 52. Redesignates Article 45.21, Code of Criminal Procedure, as Article 45.102 and amends Article 45.102 to make nonsubstantive changes. SECTION 53. Redesignates Article 45.15, Code of Criminal Procedure, as Article 45.103 and amends Article 45.103 to make conforming and nonsubstantive changes. SECTION 54. Designates Articles 45.201, 45.202, and 45.203 as Subchapter D, Chapter 45, Code of Criminal Procedure, and adds a heading to that subchapter to read as follows: SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT SECTION 55. Redesignates Article 45.03, Code of Criminal Procedure, as Article 45.201 and amends Article 45.201, as follows: Art. 45.201. New title: MUNICIPAL PROSECUTIONS. Provides that it is the primary duty of a municipal prosecutor not to convict, but to see that justice is done. Deletes existing text prohibiting a county attorney from having power to dismiss any pending prosecution unless for reasons filed and approved by the judge. Makes conforming and nonsubstantive changes. SECTION 56. Redesignates Article 45.04, Code of Criminal Procedure, as Article 45.202 and amends Article 45.202 to delete existing text entitling a defendant to at least one day's notice of complaint against the defendant, if such time is demanded. Makes conforming and nonsubstantive changes. SECTION 57. Redesignates Article 45.06, Code of Criminal Procedure, as Article 45.203 and amends Article 45.203, as follows: Art. 45.203. New title: COLLECTION OF FINES, COSTS, AND SPECIAL EXPENSES. Requires the governing body of each municipality to prescribe rules as may be proper to enforce the collection of fines imposed by a municipal court. Authorizes the municipality to enforce the collection by execution against the defendant's property or imprisonment of the defendant. Authorizes the governing body of each municipality to prescribe by ordinance the collection, after due notice of a special expense not to exceed $25. Requires money collected from the special expense to be paid into the municipal treasury for the use and benefit of the municipality. Prohibits costs from being imposed or collected in criminal cases in municipal court by municipal ordinance. Deletes text regarding the collection of a special offense for services performed in a case that is required to be dismissed. Makes conforming and nonsubstantive changes. SECTION 58. Amends Article 42.111, Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 59. Amends Articles 102.002(b) and (c), Code of Criminal Procedure, to require justices of the peace and municipal courts to maintain records containing specific information about each criminal action before the court. Makes conforming and nonsubstantive changes. SECTION 60. Amends Article 102.004, Code of Criminal Procedure, to make conforming changes. SECTION 61. Redesignates Article 45.11, Code of Criminal Procedure, as Article 44.281 and amends Article 44.281, as follows: Art. 44.281. New title: DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR AFFIRMED. Requires the fine imposed on appeal to be collected from the defendant in misdemeanor cases affirmed on appeal from a municipal court. Makes conforming and nonsubstantive changes. SECTION 62. Amends Section 52.027, Family Code, by amending Subsection (h) and adding Subsection (j), as follows: (h) Authorizes a municipal or justice court to hold a child in contempt of a court order and other the child to pay a fine not to exceed $500 or to refer the child to the appropriate juvenile court if the child intentionally or knowingly fails to obey the order of disposition after an adjudication of guilt of a fine-only offense. Makes conforming changes. (j) Prohibits a municipal or justice court from ordering a child to a term of confinement or imprisonment for contempt of a municipal or justice court order under Subsection (h). SECTION 63. Amends Section 30.00430(b), Government Code, to make a conforming change. SECTION 64. Amends Section 30.00940(b), Government Code, to make a conforming change. SECTION 65. Amends Section 30.01101(b), Government Code, to make a conforming change. SECTION 66. Amends Section 30.01221(b), Government Code, to make a conforming change. SECTION 67. Amends Section 406.014(d), Government Code, to make a conforming change. SECTION 68. Amends Section 542.402(b), Transportation Code, to make a conforming change. SECTION 69. Amends Section 543.204(a), Transportation Code, to make a conforming change. SECTION 70. Amends Section 706.001(1), Transportation Code, to make a conforming change. SECTION 71. Repealers: Articles 44.13 (Appeals from Justice and Municipal Courts), 45.01 (Complaint), 45.02 (Seal), 45.05 (Commitment), 45.07 (Collection of Costs), 45.08 (Jury Fees), 45.09 (Officers' Fees), 45.12 (Contempt and Bail), 45.16 (Complaint Shall be Written), 45.19 (Requisites of Warrant), 45.22 (Offenses in Counties of less than 2,000,000 and over 225,000; Venue; Fee of Constable; Penalties), 45.23 (To try Cause without Delay), 45.26 (Complaint Read), 45.27 (Not Discharged for Informality), 45.32 (The Only Special Plea), and 45.49 (Judgments in Open Court), Code of Criminal Procedure. SECTION 72. Effective date: September 1, 1999. SECTION 73. (a) Makes application of this Act prospective, without regard to whether the offense to which an act, proceeding, or event applies occurred before, on, or after the effective date of this Act, except as provided by Subsections (b) and (c). (b) Authorizes the accused, in a proceeding related to the prosecution of an offense that occurs or is alleged to have occurred before the effective date of this Act, to elect to have the proceeding governed by any provision of Chapter 45, Code of Criminal Procedure, as that provision would have applied to the offense in absence of the changes made by this Act. (c) Makes application of SECTIONS 46 and 62 of this Act prospective. SECTION 74. Emergency clause.