CRIMINAL PROCEDURE - jp.hctx.net

CRIMINALPROCEDURE

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


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


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



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


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


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


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



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


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


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


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

RELATING TO PROCEDURE

HB 1573

Effective: 9-1-2011


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


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


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


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


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


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


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


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



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



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



CHANGES REFERENCES TO TEXAS ONLINE

TO “STATE ELECTRONIC INTERNET PORTAL”

IN DRIVING SAFETY COURSE STATUTE

HB 2717 ELECTRONIC PAYMENTS


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



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



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


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


Statutes Affected: TN 545.412

$0.15 court costREPEALED

RELATING TO

COLLECTIONS

SB 0373 OFFICE OF TREASURER

Effective: 9-1-2011


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


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


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

SB 1386 REFUSAL TO REGISTER VEHICLES

Effective: 9-1-2011


INCLUDES “FAILURE TO APPEAR” AS A REASON TO ALLOW

REFUSAL TO REGISTER VEHICLE

Documents

CRIMINAL PROCEDURE - jp.hctx.net