HBA-KMH H.B. 2010 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2010 By: Tillery Criminal Jurisprudence 4/26/1999 Introduced BACKGROUND AND PURPOSE Proceedings in municipal and justice courts are governed by a "code within a code." Chapter 45 (Justice and Corporation Courts) of the Code of Criminal Procedure deals specifically with justice and municipal court proceedings. There is an issue regarding to what extent general provisions in the Code of Criminal Procedure may be used to fill in gaps in Chapter 45. The Court of Criminal Appeals addressed this issue in Huynh v. State, 901 S.W.2d 480 (Tex. Crim. App. 1995). The key issue in Huynh was whether the requirements of the law concerning an indictment or information apply equally to complaints in municipal court. The Court of Criminal Appeals held that Article 1.14 (Waiver of Rights), Code of Criminal Procedure, and cases interpreting it, do not apply to complaints filed in municipal court reversing the lower court of appeals which held that the defect in the complaint had been waived because it had not been raised at pretrial as required by Article 1.14. The Court of Criminal Appeals concluded that since Article 1.14 does not refer to "charging instruments" generally but only to "indictments and informations" and does not mention "complaints," Article 1.14 does not apply to a complaint filed in municipal court. H.B. 2010 expands the instruments affected by Articles 1.14, 28.01(Pretrial), and 28.11(How Amended), Code of Criminal Procedure, to include any charging instrument, rather than only indictments and informations. 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 1.14(b), Code of Criminal Procedure, to limit a defendant's right to object in trial or raise an objection on appeal to a defect, error, or irregularity in a charging instrument, rather than only an indictment or information. Makes a conforming change. SECTION 2. Amends Section 1, Article 28.01, Code of Criminal Procedure, to make conforming changes. SECTION 3. Amends Article 28.11, Code of Criminal Procedure, to require an amendment of a charging instrument to become effective by either actual interlineation of the instrument by the court or entry by the court of a written order that reflects the additions, deletions, or other modifications to the instrument effected by the amendment, which order is required to be filed among the papers of the cause. Makes conforming changes. SECTION 4. Makes application of this Act prospective as it applies to the waiver of a defect in an amendment of a charging instrument. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.