HBA-RBT H.B. 2053 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2053 By: Thompson Criminal Jurisprudence 4/10/1999 Introduced BACKGROUND AND PURPOSE Currently, Chapter 45 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. H.B. 2053 clarifies 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 the heading to Chapter 45, Code of Criminal Procedure, as follows: CHAPTER 45. New title: JUSTICE AND MUNICIPAL COURTS SECTION 2. 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. Provides that the purpose of this chapter is to establish procedures for processing cases that come within the criminal jurisdiction of the justice courts and municipal courts. Sets forth the objectives of this chapter. Art. 45.002. APPLICATION OF CHAPTER. Requires criminal proceedings in the justice and municipal courts to be conducted in accordance with this chapter. SECTION 3. Redesignates Articles 45.011 through 45.053, Code of Criminal Procedure as Subchapter B of Chapter 45, Code of Criminal Procedure, and a heading is added to that subchapter, as follows: SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS SECTION 4. Amends Article 45.38, Code of Criminal Procedure, by redesignating it to Article 45.011, and makes conforming and nonsubstantive changes. SECTION 5. Amends Article 45.021, Code of Criminal Procedure, by redesignating it as Article 45.012, and amending it to authorize a justice or municipal court to maintain documents by electronic means. Authorizes a justice or municipal court to create a court seal by electronic means that does not allow changes to an original document. SECTION 6. Amends Article 45.18, Code of Criminal Procedure, by redeignating it as Article 45.014, and amending it as follows: Art. 45.014. New title: WARRANT OF ARREST. Authorizes, rather than requires, the justice or judge to issue an arrest warrant based on the filing of a sworn complaint giving rise to probable cause. Provides the requirements for the sufficiency of a warrant. Provides that Chapter 15 (Arrest Under Warrant) applies to an arrest warrant issued under this chapter. Makes conforming and nonsubstantive changes. SECTION 7. Amends Article 45.43, Code of Criminal Procedure, by redesignating it as Article 45.015, and to make conforming and nonsubstantive changes. SECTION 8. Amends Article 45.41, Code of Criminal Procedure, by redesignating it as Article 45.016, and amending it as follows: Art. 45.016. New title: BAIL. Makes conforming and nonsubstantive changes. SECTION 9. Amends Article 45.13, Code of Criminal Procedure, by redesignating it as Article 45.017. Adds the clerk of the court ot the justices or judges required to keep a docket containing specified information. Makes conforming and nonsubstantive changes. SECTION 10. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.018, as follows: Art. 45.018. COMPLAINT. Defines "complaint." Entitles a defendant to notice of a complaint at least one day before any proceeding in the prosecution of the defendant is held. Authorizes the defendant to waive the right to notice. SECTION 11. Amends Article 45.17, Code of Criminal Procedure, by redesignating it as Article 45.019, and amending it as follows: Art. 45.019. New title: REQUISITES OF COMPLAINT. Sets forth the requirements of a complaint. SECTION 12. Amends Article 45.37, Code of Criminal Procedure, by redesignating it as Article 45.020, and amending it as follows: Art. 45.020. New title: APPEARANCE BY COUNSEL. Creates Subsections (a) and (b) from existing text. SECTION 13. Amends Article 45.33, Code of Criminal Procedure, by redesignating it as Article 45.021, and amending it as follows: Art. 45.021. New title: PLEADINGS. Makes conforming and nonsubstantive changes. SECTION 14. Amends Article 45.331, Code of Criminal Procedure, by redesignating it as Article 45.0215, and making conforming and nonsubstantive changes. SECTION 15. Amends Article 45.34, Code of Criminal Procedure, by redesignating it as Article 45.022, and amending it as follows: Art. 45.022. New title: PLEA OF GUILTY OR NOLO CONTENDERE. Makes a nonsubstantive change. SECTION 16. Amends Article 45.31, Code of Criminal Procedure, by redesignating it as Article 45.023, and amending it as follows: Art. 45.023. New title: DEFENDANT'S PLEA. Authorizes the special plea of double jeopardy. Makes conforming and nonsubstantive changes. SECTION 17. Amends Article 45.35, Code of Criminal Procedure, by redesignating it as Article 45.024, and amending it as follows: Art. 45.024. New title: DEFENDANT'S REFUSAL TO PLEAD. Makes a nonsubstantive change. SECTION 18. Amends Article 45.24, Code of Criminal Procedure, by redesignating it as Article 45.025, and to specify that a jury trial may be waived both orally and in writing. Makes conforming and nonsubstantive changes. SECTION 19. Amends Article 45.251, Code of Criminal Procedure, by redesignating it as Article 45.026, and amending it as follows: Art. 45.026. New title: DEMAND FOR JURY TRIAL; FAILURE TO APPEAR. SECTION 20. Amends Article 45.25, Code of Criminal Procedure, by redesignating it as Article 45.027, and makes conforming and nonsubstantive changes. SECTION 21. Amends Article 45.29, Code of Criminal Procedure, by redesignating it as Article 45.028, and makes a nonsubstantive change. SECTION 22. Amends Article 45.28, Code of Criminal Procedure, by redesignating it as Article 45.029, and amending it as follows: Art. 45.029. New title: PEREMPTORY CHALLENGES. Includes municipal courts under this section. Deletes language regarding challenges for cause. Makes conforming and nonsubstantive changes. SECTION 23. Amends Article 45.30, Code of Criminal Procedure, by redesignating it as Article 45.030, and amends it as follows: Art. 45.030. New title: FORMATION OF JURY. Makes conforming and nonsubstantive changes. SECTION 24. Amends Article 45.36, Code of Criminal Procedure, by redesignating it as Article 45.031, and amending it as follows: Art. 45.031. New title: COUNSEL FOR STATE NOT PRESENT. Sets forth the procedure the justice or judge is authorized to follow when the state is not represented by counsle when the case is called for trial. SECTION 25. Amends Article 45.031, Code of Criminal Procedure, by redesignating it as Article 45.032, and makes conforming and nonsubstantive changes. SECTION 26. Amends Article 45.39, Code of Criminal Procedure, by redesignating it as Article 45.034. SECTION 27. Amends Article 45.40, Code of Criminal Procedure, by redesignating it as Article 45.035, and deletes language referring to trying the case again in the same day in the event of a mistrial. Makes conforming and nonsubstantive changes. SECTION 28. Amends Article 45.42, Code of Criminal Procedure, by redesignating it as Article 45.036, and makes conforming and nonsubstantive changes. SECTION 29. Amends Article 45.45, Code of Criminal Procedure, by redesignating it as Article 45.037, and makes conforming and nonsubstantive changes. SECTION 30. Amends Article 45.44, Code of Criminal Procedure, by redesignating it as Article 45.038, and makes conforming and nonsubstantive changes. SECTION 31. Amends Article 45.46, Code of Criminal Procedure, by redesignating it as Article 45.039, and makes conforming and nonsubstantive changes. SECTION 32. Amends Article 45.47, Code of Criminal Procedure, by redesignating it as Article 45.040, and makes conforming and nonsubstantive changes. SECTION 33. Amends Article 45.50, Code of Criminal Procedure, by redesignating it as Article 45.041, and authorizes the judge to direct the defendant to pay restitution to any victim of the offense or satisfy any other sanction authorized by law. Requires the justice or judge to credit the defendant for time served in jail. Requires the credit to be applied to the amount of the fine and costs at the rate of $50 per day. Requires all judgments, sentences, and final orders of the justice of judge to be rendered in open court. Makes conforming and nonsubstantive changes. SECTION 34. Amends Article 45.10, Code of Criminal Procedure, by redesignating it as Article 45.042, and provides that in an appeal from the judgment and sentence of a justice or municipal court, if the defendant is in custody, the defendant is to be committed to jail unless the defendant gives bail. Makes conforming and nonsubstantive changes. SECTION 35. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.0425, as follows: Art. 45.0425. APPEAL BOND. Provides that the court from whose judgment and sentence the appeal is taken must approve the bond if the court is in session. Prohibits bond less than two times the amount of the fine and costs adjudged against the defendant payable to the State of Texas. Prohibits the bail in any case to be less than $50. Requies the court to approve the apeal bond if the bond otherwise meets the requirements of this code in the amount that the court notified the defendant would be approved. Sets forth technical requirements of the appeal bond. SECTION 36. Amends Article 44.14, Code of Criminal Procedure, by redesignating it as Article 45.0426, Subchapter B, Chapter 45, Code of Criminal Procedure, as designated by this Act, and makes conforming and nonsubstantive changes. SECTION 37. Amends Article 45.48, Code of Criminal Procedure, by redesignating it as Article 45.043, and makes conforming and nonsubstantive changes. SECTION 38. Amends Article 45.231, Code of Criminal Procedure, by redesignating it as Article 45.044, and makes conforming and nonsubstantive changes. SECTION 39. Amends Article 45.51, Code of Criminal Procedure, by redesignating it as Article 45.045, and makes conforming and nonsubstantive changes. SECTION 40. Amends Article 45.52, Code of Criminal Procedure, by redesignating it as Article 45.046, and amends it as follows: Art. 45.046. New title: CAPIAS PRO FINE. Deletes language authorizing the judge to order collection of the fines and costs by executing against the defendant's property. Makes conforming and nonsubstantive changes. SECTION 41. Amends Subchapter B, Chapter 45, Code of Criminal Procedure, by adding Article 45.047, as follows: Art. 45.047. COLLECTION OF FINES AFTER JUDGMENT. Authorizes the justice or judge to order the collection of the fines and costs by execution against the defendant's property if the defendant defaults in payment of a fine. SECTION 42. Amends Article 45.53, Code of Criminal Procedure, to redesignate Article 45.53 as Article 45.048, and to make nonsubstantive and conforming changes. SECTION 43. Amends Articles 45.521 and 45.522, Code of Criminal Procedure, to redesignate Articles 45.521 and 45.522 as Articles 45.049 and 45.050, and to make conforming and nonsubstantive changes. SECTION 44. Amends Article 45.54, Code of Criminal Procedure, to redesignate Article 45.54 as Article 45.051, and to make standard recodification changes, and conforming and nonsubstantive changes. SECTION 45. Amends Article 45.55, Code of Criminal Procedure, to redesignate Article 45.55 as Article 45.052. SECTION 46. Amends Article 45.46, Code of Criminal Procedure, to redesignate Article 45.46 as Article 45.053. SECTION 47. Amends Articles 45.101, 45.102, and 45.103, Code of Criminal Procedure, to redesignate Articles 45.101, 45.102, and 45.103 as Chapter 45C, as follows: SUBCHAPTER C. PROCEDURES IN JUSTICE COURT SECTION 48. Amends Articles 45.21 and 45.22, Code of Criminal Procedure, to redesignate Articles 45.21 and 45.22 as Articles 45.101 and 45.102, and to delete the prohibition that a constable is not allowed a misdemeanor fee from cases arising in other precincts, except through certain orders. Makes conforming and nonsubstantive changes. SECTION 49. Amends Article 45.15, Code of Criminal Procedure, to redesignate Article 45.15 as Article 45.103, and to make conforming and nonsubstantive changes. SECTION 50. Amends Articles 45.201 and 45.204, Code of Criminal Procedure, to redesignate Articles 45.201 and 45.204 as Chapter 45D, as follows: SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT SECTION 51. Amends Article 45.03, Code of Criminal Procedure, to redesignate Article 45.03 as Article 45.201, and provide that it is the primary duty of a municipal prosecutor not to convict, but to see that justice is done. Makes conforming and nonsubstantive changes. SECTION 52. Amends Article 45.04, Code of Criminal Procedure, to redesignate Article 45.04 as Article 45.202, and to make nonsubstantive and conforming changes. SECTION 53. Amends Chapter 45D, Code of Criminal Procedure, by adding Article 45.203, as follows: Art. 45.203. JURY CHARGE. Requires the judge to charge the jury as required by law and on written request by the state's attorney and the defendant's attorney. SECTION 54. Amends Article 45.06, Code of Criminal Procedure, to redesignate Article 45.06 as Article 45.204, as follows: Art. 45.204. New title: COLLECTION OF FINES, COSTS, AND SPECIAL EXPENSES. Deletes text regarding the citation to certain acts. Prohibits costs from being imposed or collected in criminal cases in municipal court by municipal ordinance. Makes conforming and nonsubstantive changes. SECTION 55. Amends Article 42.111, Code of Criminal Procedure, to make conforming and nonsubstantive changes. SECTION 56. Amends Articles 102.002(b) and (c), Code of Criminal Procedure, to require municipal courts to maintain a certain records. SECTION 57. Amends Article 102.004, Code of Criminal Procedure, to make conforming nonsubstantive changes. SECTION 58. Amends Article 45.11, Code of Criminal Procedure, to redesignate Article 45.11 as Article 45.281, as follows: Art. 44.281. New title: DISPOSITION OF FINES AND COSTS WHEN MISDEMEANOR AFFIRMED. Makes conforming and nonsubstantive changes. SECTION 59. Amends Section 30.00430(b), Government Code, to make a conforming change. SECTION 60. Amends Section 30.00940(b), Government Code, to make a conforming change. SECTION 61. Amends Section 30.01101(b), Government Code, to make a conforming change. SECTION 62. Amends Section 30.01221(b), Government Code, to make a conforming change. SECTION 63. Amends Section 406.014(d), Government Code, to make a conforming change. SECTION 64. Amends Section 542.402(b), Transportation Code, to make a conforming change. SECTION 65. Amends Section 543.204(a), Transportation Code, to make a conforming change. SECTION 66. Amends Section 706.001(1), Transportation Code, to redefine "complaint." SECTION 67. Repealers: Article 44.13 (Appeals From Justice and Municipal courts); Article 45.01 (Complaint); Article 45.02 (Seal); Article 45.05 (Commitment); Article 45.07 (Collection of Costs); Article 45.08 (Jury Fees); Article 45.09 (Officer's Fees); Article 45.12 (Contempt and Bail); Article 45.16 (Complaint Shall be Written); Article 45.19 (Requisites of Warrant); Article 45.23 (To Try Cause Without Delay); Article 45.26 (Complaint Read); Article 45.27 (Not Discharged for Informality); Article 45.32 (The Only Special Plea); and Article 45.49 (Judgments in Open Court), Code of Criminal Procedure. SECTION 68. Effective date: September 1, 1999. SECTION 69. Makes application of this Act prospective. SECTION 70. Emergency clause.