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HB 1658 REFUND OF CASH BOND
Effective: 9-1-2011
Statutes Affected: CP 17.02
CASH FUNDS DEPOSITED IN LIEU OF SURETIES ARE REFUNDED TO:
any person to whom a receipt was issued
the defendant, if receipt issued to defendant
the defendant, if no other person is able to produce a receipt
HB 1853 DISQUALIFICATION TO ACT AS SURETY
Effective: 9-1-2011
Statutes Affected: CP 17.10
A PERSON IS DISQUALIFIED FROM ACTING AS SURETY IF FINALLY CONVICTED FOR:
A misdemeanor involving moral turpitude
A felony
HB 1070 TAKING BAIL
Effective: 6-17-2011
Statutes Affected: CP 17.025
LICENSED JAILER:
May take a bail bond
May discharge any other powers and duties relating to bail
*SURETY BOND IS NOT REQUIRED TO BE SWORN*CP 17.08
SB 0877 VERIFICATION OF INCARCERATION
Effective: 5-19-2011
Statutes Affected: CP 17.16
BEFORE FORFEITURE, SURETY MAY RELIEVE UNDERTAKING BY:
Surrendering defendant into custody of sheriff
Delivering affidavit to sheriff and prosecuting attorney stating that defendant is incarcerated in federal, state, or Texas county custody
Sheriff must verify incarceration
Sheriff places detainer on defendant
Surety remains liable for expenses of returning defendant
SB 1233 COUNTY JAILERSEffective: 6-17-2011
SB 0604Effective: 9-1-2011Statutes Affected: CP 2.31
ADDITIONAL ABILITIES:
Execute process issued under CCP to jailer on person confined in the jail:
WarrantCapiasSubpoenaAttachment
and if specially trained,Capias related to bailSearch warrant
SB 1378 PEACE OFFICERS
Effective: 9-1-2011
Statutes Affected: CP 2.126
TRIBAL COUNCIL OF ALABAMA-COUSHATTA INDIAN TRIBE MAY
EMPLOY AND COMMISSION PEACE OFFICERS
On the reservation:
enforce state law
arrest without warrant
enforce traffic laws
Outside the reservation:
arrest for violation of any law if summoned by another law enforcement agency to assist
HB 2472 REPORTING CERTAIN WARRANTS
Effective: 9-1-2011
Statutes Affected: CP 2.195
Issuance of felony warrants or capias following failure to appear
must be reported to NCIC within 30 days of failure to appear
HB 0215 PHOTOGRAPHIC AND LIVE LINEUPS
Effective: 9-1-2011
Statutes Affected: CP 38.20
Adopt either model or agency policy based on:
• Credible research on eyewitness memory
• Best practices to reduce erroneous identification and enhance reliability
Policies based on:
• Manner of selection of photographs
• Instructions given to witness before viewing lineup
• Documentation and preservation of results
• Administrator who is unaware of which participant is the suspect
HB 0976 ISSUANCE OF WARRANT BY MAGISTRATE
Effective: 6-17-2011
Statutes Affected: CP 15.03
PERSON MAY REQUEST WARRANT OR SUMMONS BY ELECTRONIC
BROADCAST
If defendant charged, recording kept until acquittal or appeal
exhausted
ELECTRONIC BROADCAST
Two-way communication of image and sound
Includes Internet videoconferencing
HB 1891EXECUTION OF SEARCH WARRANT FOR DATA ON CERTAIN DEVICES
Effective: 9-1-2011
Statutes Affected: CP 18.07
Data or information in or on electronic device may be recovered
and analyzed after the expiration of 3 days allowed for execution of
warrant
HB 1173 RELEASE ON BOND
Effective: 9-1-2011
Statutes Affected: CP 17.033
APPLIES TO HARRIS COUNTY
Persons detained in jail following arrest without a warrant must
be released on bond (≤ $5,000)
no later than the 36th hour (rather than 24 hours) after arrest if
no determination of probable cause
Release may be postponed for no more than 72 hours on
application of prosecuting attorney
HB 3000
RELEASE OF DEFENDANT CHARGED WITH CONTINUOUS TRAFFICKING OF PERSONS
Effective: 9-1-2011
Statutes Affected: CP 17.03 CP 17.032
ONLY THE COURT (AND NOT A MAGISTRATE) MAY RELEASE
DEFENDANT ON PERSONAL BOND
INCLUDES CONTINUOUS TRAFFICKING OF PERSONS AMONG
VIOLENT OFFENSES PREVENTING RELEASE ON PERSONAL BOND
FOR MENTAL ILLNESS
Continuous trafficking of persons – engaging in trafficking 2 or
more times during 30 or more days
HB 2014
DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND (Trafficking of Persons)
Effective: 9-1-2011
Statutes Affected: CP 17.153
JUDGE OR MAGISTRATE MAY DENY DEFENDANT CHARGED WITH
TRAFFICKING OF A CHILD RELEASE ON BAIL PENDING TRIAL FOR
VIOLATION OF CONDITION OF BOND
SB 0250 PROTECTIVE ORDERS - STALKING
Effective: 9-1-2011
Statutes Affected: CP 7A.01
VICTIM OF STALKING – NOW INCLUDES PERSON IN DATING
RELATIONSHIP
MAY APPLY FOR PROTECTIVE ORDER WITHOUT THE NECESSITY
OF DEFENDANT’S ARREST
COURTS WITH JURISDICTION:
District Court
Juvenile Court
Statutory County Court
SB0179 PROTECTIVE ORDERS - PETSEffective: 9-1-2011Statutes Affected: FA 85.021
Applies to pets, companion or assistance animals
Person committing family violence prohibited from:
Harming
Threatening
Interfering with care, custody, control
Person prohibited from removing from possession
COURTS WITH JURISDICTION:
District - Family, Juvenile
Statutory County Court
HB 1829 EMERGENCY DETENTION; TRANSFEREffective: 9-1-2011Statutes Affected: HS 573.012 HS 573.022
PHYSICIAN MAY PRESENT APPLICATION BY E-MAIL WITH
DOCUMENT ATTACHED (PDF)
MAGISTRATE MAY TRANSMIT WARRANT
ELECTRONICALLY – If digital signature transmitted with
document
BY E-MAIL with warrant attached as PDF (signature transmitted
with document)
FACILITY/HOSPITAL ADMINISTRATOR MAY CONSENT TO
TRANSFER TO MENTAL HOSPITAL
HB 0167 TRANSPORTATION OF PATIENTS
Effective: 9-1-2011
Statutes Affected: HS 574.0455 HS 574.045
COMMISSIONERS MAY ESTABLISH LIST OF QUALIFIED
TRANSPORTATION SERVICE PROVIDERS
COMMISSIONERS COURT MAY AUTHORIZE TRANSPORT OF
PATIENT UNDER EDO BY, AMONG OTHERS, A QUALIFIED
TRANSPORTATION SERVICE PROVIDER
HB 1573
Effective: 9-1-2011
Statutes Affected: CP 17.085
IF NO ONLINE ACCESS TO CRIMINAL CASE RECORD –
CLERK REQUIRED TO POST NOTICE OF FUTURE COURT
DOCKET SETTING:
AS SOON AS COURT NOTIFIES CLERK OF SETTING
POST IN PUBLIC PLACE IN COURTHOUSE
HB 0984 MUNICIPAL COURTS
Effective: 5-19-2011
Statutes Affected: CP 4.14 GV 29.003
CONCURRENT JURISDICTION
CONTIGUOUS CITIES
BOUNDARIES WITHIN ½ MILE
ALL CASES FOR WHICH EITHER MUNICIPALITY HAS
JURISDICTION
FAILURE TO ATTEND SCHOOL
CASES INVOLVING SEIZURE OF CRUELLY TREATED ANIMALS
SB 1200 VENUE
Effective: 9-1-2011
Statutes Affected: CP 4.12
HARRIS COUNTY JUSTICE COURTS
MISDEMEANOR CASES MAY BE TRIED IN ANY PRECINCT
ADJACENT TO THE PRECINCT IN WHICH THE OFFENSE WAS
COMMITTED
HB 0079 LOCAL RULES OF ADMINISTRATION
Effective: 1-1-2012
Statutes Affected: CP 4.12
JUSTICES OF THE PEACE IN EACH COUNTY
ADOPT LOCAL RULES FOR TRANSFER OF CASES
FROM ONE PRECINCT TO ANOTHER
MAJORITY VOTE
SB 0578 TESTIMONY OF CHILDREN
Effective: 9-1-2011
Statutes Affected: CP 38.074
CHILD:Person younger than 17 years of age who is not a defendant, who will testify in criminal proceeding
Oath administered in understandable manner
Questions asked in appropriate language
Limit testimony to school hours
No intimidation or harassment by any party
Allowed to have comfort object or support person
SB 0519 MOTION FOR NEW TRIAL
Effective: 9-1-2011
Statutes Affected: CP 45.037
MUST BE MADE WITHIN 5 DAYS
(rather than 1 day)
AFTER RENDITION OF JUDGMENT
AND NOT AFTERWARDS
HB 0027 PAYMENT OF FINES AND COSTS
Effective: 9-1-2011
Statutes Affected: CP 45.041
Applies to offenses committed on or after 9-1-2011
IF DEFENDANT UNABLE IMMEDIATELY TO PAY:
JUDGE MUST ALLOW DEFENDANT TO PAY FINE AND COSTS • IN SPECIFIED PORTIONS • AT DESIGNATED INTERVALS
HB 1964 COMMUNITY SERVICE FOR JUVENILESHB 0350 TO DISCHARGE FINE AND COSTS
Effective: 9-1-2011
Statutes Affected: CP 45.0492
Applies to offense committed on or after 9-1-2011
SPECIFICALLY APPLIES TO DEFENDANTS YOUNGER THAN 17 YEARS OF AGE
HB 1964200 hours of community service no monetary credit specified
HB 0350Offense must be committed on school property
community service or tutoring
not less than $50 for 8 hours
SB 1330 DEFERRED DISPOSITION
Effective: 9-1-2011
Statutes Affected: CP 45.051
Applies to offense committed on or after 1-1-2012
DEFENDANT IS YOUNGER THAN 25 YEARS OF AGE
OFFENSE IS MOVING VIOLATION
COURT MAY REQUIRE ADDITIONAL DRIVING SAFETY COURSE
4-hour interactive course
alcohol and drug awareness
poor decision making, risk taking, impaired driving, distraction, speed,
driving at night, using cell phones
Requires written commitment
HB 1964 COMMUNITY SERVICE FOR JUVENILESHB 0350 TO DISCHARGE FINE AND COSTS
Effective: 9-1-2011
Statutes Affected: CP 45.0492
Applies to offense committed on or after 9-1-2011
ALLOWS JUVENILE DEFENDANTS TO DISCHARGE COURT COSTS
REQUIRED FOR DEFERRED DISPOSITION BY PERFORMING
COMMUNITY SERVICE UNDER CP 45.049 OR CP 45.0492 (NEW)
If programs under CP 45.057 require expenditure of government
funds, programs must be approved by commissioners court or
governing body of city
HB 1504 TEXAS ONLINE
Effective: 6-17-2011
Statutes Affected: CP 45.0511
CHANGES REFERENCES TO TEXAS ONLINE
TO “STATE ELECTRONIC INTERNET PORTAL”
IN DRIVING SAFETY COURSE STATUTE
HB 2717 ELECTRONIC PAYMENTS
Effective: 6-17-2011
Statutes Affected: LG 132.002
COMMISSIONERS COURT MAY AUTHORIZE COUNTY OR
PRECINCT OFFICER TO ACCEPT PAYMENTS BY ELECTRONIC
MEANS
MAY RETAIN PROCESSING FEE
SB 1521 MUNICIPAL COURT BUILDING SECURTY FUND
Effective: 6-17-2011
Statutes Affected: CP 102.017
INCLUDES “WARRANT OFFICERS” AND RELATED EQUIPMENT
WITHIN DEFINITION OF “SECURITY PERSONNEL, SERVICES, AND
ITEMS” FOR WHICH FUND MAY BE USED
SB 0061 JUVENILE CASE MANAGER FUND
Effective: 6-17-2011
Statutes Affected: CP 102.0174
ALLOWS JUVENILE CASE MANAGER FUND TO BE USED FOR:
Training
Travel expenses
Office supplies
Other necessary expenses relating to position
(In addition to salary and benefits)
SB 0480 RECUSAL OF MUNICIPAL JUDGESHB 3475
Effective: 6-17-2011
Statutes Affected: GV 29.051
Verified motion stating alleged grounds for recusal
Filed at least 10 days before hearing or trial
Notice served on all parties
Motion presented 3 days after filing
Other parties may oppose or concur
If motion not granted –
Regional presiding judge assigns judge to hear case
Hearing may be by telephone
Certain assigned judges must be compensated
SB 0001 CHILD SAFETY SEAT SYSTEM
Effective: 9-28-2011
Statutes Affected: TN 545.412
$0.15 court costREPEALED
SB 0373 OFFICE OF TREASURER
Effective: 9-1-2011
Statutes Affected: CP 103.004
OFFICER MUST DEPOSIT MONEY ON OR BEFORE NEXT REGULAR BUSINESS DAY
BUT NO MORE THAN 5TH BUSINESS DAY AFTER RECEIPT
COMMISSIONERS NO LONGER HAVE AUTHORITY TO EXTEND DATE
HB 1426 COLLECTION OF MONEYEffective: 6-17-2011Statutes Affected: CP 103.003
COMMISSIONERS COURT MAY COLLECT MONEY UNDER
COLLECTION IMPROVEMENT PROGRAM
HB 2949 COLLECTION IMPROVEMENT PROGRAMEffective: 9-1-2011
SB 0001Statutes Affected: CP 103.0033
“Eligible case” – a criminal case in which judgment entered
OCA IS SOLELY IN CHARGE!
HB 2949 DPS FAILURE TO APPEAR PROGRAM
Effective: 9-1-2011
Statutes Affected: TN 706.005
DPS FAILURE TO APPEAR PROGRAM (OMNIBASE)
REQUIRES IMMEDIATE NOTIFICATION THAT THERE IS NO CAUSE
TO CONTINIUE TO DENY RENEWAL OF DRIVER’S LICENSE BASED
ON FAILURE TO APPAER OR FAILURE TO PAY OR SATISFY
JUDGMENT
HB0588 DRIVER RESPONSIBILITY PROGRAMHB 2851
Effective: 9-1-2011
Statutes Affected: TN 708.157
REQUIRES DPS TO OFFER INCENTIVES FOR COMPLIANCE AND
REHABILITATION
• REDUCTION OF SURCHARGE
• DECREASE IN LENGTH OF INSTALLMENT PLAN
• OPTION TO PAY 36 MONTH TOTAL IN ADVANCE
DEFER ASSESSMENT UNTIL CONCLUSION OF DEPLOYMENT FOR
MILITARY
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