HBA-RBT H.B. 2130 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2130
By: Carter
Criminal Jurisprudence
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Misdemeanor cases can be a problem when the arrest is made in a county
other than the county where the offense was committed.  Transportation
costs may exceed the fines collected for the offense.  H.B. 2130 allows
misdemeanor cases to be handled by the justice of the peace in the county
where the arrest is made where the defendant pleads guilty or nolo
contendere. 
 
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 Chapter 4, Article 4.12, Code of Criminal Procedure, to
authorize a defendant who is taken before a magistrate in accordance with
Article 15.18, to waive a jury trial and enter a plea of guilty or nolo
contendere.  Authorizes the magistrate taking the plea to set a fine, give
credit for time served, determine indigency, and discharge the defendant as
the case may indicate.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Article 15.18, Code of Criminal Procedure, to make
conforming and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.